GIFT OF NEBRASKA SCHOOL LAWS As Revised and Amended in 1911 BY J. W. CRABTREE Superintendent of Public Instruction Printed and for Sale by HAMMOND & STEPHENS CO. Educational Publishers County Superintendents Supplies FREMONT, NEB. J. M. MCKENZIE. A. M. State Superintendent, 1871-1877 THE NEBRASKA SCHOOL LAWS AS REVISED AND AMENDED IN 1911 BY J. W. CRABTREE Superintendent of Public Instruction Dedicated to J. M. McKENZIE, A.M. State Superintendent, 1871-1877 This being the fortieth year since the publishing of the first School Laws of Nebraska : ill Rear view of the same building. TTp-to-date plan of lighting. 247903 Special attention has'been given in the above model floor plan to have the interior arranged according to the most modern it THE MODEL RURAL SCHOOL BUILDING. [By an Architect.] The plan as laid out contemplates either an entirely new building, or the ordinary rectangular plan rural school building remodeled, and is designed to embody all of the latest ideas pertaining to lighting, heating and venti- lating. The system of lighting is what is known as the unilateral or one-sidelight- ing, by which the light is brought from a number of windows located to the left of the pupil, and set as close to the ceiling as practicable. The high win- dows shown at the rear are not essential, as the proper amount of glass surface is contained in the bank of windows to the left. The heating and ventilating is accomplished in the same manner as in the most modern gravity heating plants in larger buildings — that is, the air is brought in from the outside well above the grade line. In this case it is brought through the lower window in the front gable, drops down the air shaft back of the heater, and ascends between the jacket and the heater. By means of a series of baffle plates the air is passed over the heating surface but never coming in contact with the fire, passes out above the heater and ex- hausts into the room, as indicated by the darts, directly toward and against the cooling surface, which is the windows on the left of the room. The upper part of the receptacle which receives this heater curves outward at the top so as to deflect the warm air into the room. As the air leaves the heater, being pure and warm it rises to the ceiling and would remain there were it not for the large ventilating flue and vent register at the bottom, which takes off the lower strata of air, allowing the pure warm air to fall equally all over the room. This entirely eliminates all currents and drafts and holds the temper- ature of the room the same in all parts. To absolutely insure an ascending current of air in the vent flue at all times there is an iron plate set vertically between the heat and vent flue just opposite where the smoke pipe enters. The heat from the smoke pipe heats this iron plate, which in turn heats the air in the vent flue, causing an upward current which pulls the air out of the schoolroom as above mentioned. The apparatus as described and laid out is practically fireproof, and much safer than stoves, as there is a double jacket between the fire and the woodwork at any point, and between these jackets is constantly passing a current of air. It would be next to impossible to build a fire intense enough to set the building on fire. While this plant includes all the desirable features of the more elaborate and more expensive plants used in larger buildings, it has the distinct advantage of not being a patented article and can be in- stalled without the payment of any royalties whatever, at the same time being practical and economical. The fuel room is sufficiently large to hold fuel for at least a week, it being assumed that the janitor or person in charge can fill the same at the end of the week and do away with the dust and dirt caused by bringing in fuel from the outside many times during the day. The work room is large and well lighted and heated directly from the school heater, and is separated from the main schoolroom by a rolling parti- tion or sliding door, permitting the same to be thrown into the main school- room when desired. The closet adjacent is designed for the use of the teacher. The building as designed can be built of either frame or masonry, and if of frame the only masonry required would be the foundation walls and smoke and vent flues. PREFACE This volume is public property. It is to be kept in the custody of the school officers and produced by them at all meetings of the district for con- sultation by the voters, and must be delivered to their successors in office. The new laws have been incorporated under appropriate subdivisions and properly indexed so that little difficulty need be experienced in finding them. Supreme Court decisions and important decisions of the state superin- tendents from 1881 to 1911 have been carefully classified and placed under the section of the school law to which the decision applies. The legislature has declared that the decisions of the state superintendent shall be held to have the force of law until reversed by the courts, and It is a fact worthy of notice that the supreme court of the state has reversed only two rulings of this department within the last twenty years. It must be remembered that the decisions are based upon the laws now in force. Every legislature makes some changes in the school laws. Hence, these rulings will necessarily be modified by new laws enacted or old ones amended or repealed. In cases where there is no law to govern and no decision of the court to guide, the state superintendent has been governed by the counsel of the attorney general of Nebraska and by the supreme court rulings of other states. Subdivision 14a relating only to South Omaha, subdivision 17 relating only to Omaha, subdivision 19 relative to the University, subdivision 20 on Educational 'Corporations, and subdivision 21 on School Lands and Funds have been omitted on account of their dealing with questions not common to the general public. Public economy also demands the omission 'of these subdivisions from this publication. For the same reasons one or two other miscellaneous laws have been omitted. The main subject of each section has been printed in bold-faced type as a matter of convenience for reference. The most important supreme court decisions relating to school matters and recent official decisions of this department have been added. It is hoped that these features will commend this edition to all who may have occasion to use it. Please note that ALL REVISIONS by the Legislative Session of 1911 are printed in BLACK FACE TYPE. J. W. CRABTREE, Superintendent of Public Instruction. Lincoln, June 1, 1911. BUSINESS CALENDAR I.— DISTRICT MEETINGS. Page 1. Time of holding (annual meeting) last Monday of June 29 2. Place of holding (a) In schoolhouse, if there be one, or, (b) In some other suitable place in the district. 3. Special meeting 29 (a) By whom and how called. (b) Object of meeting must be stated. (c) Fifteen days' notice necessary .' . . . . 30 4. Notice of meeting 30 (a) Posted in three public places in the district. (b) Posted fifteen days before date of meeting. (c) State the day, hour, and place of meeting. (d) Must so state, if change of site or levy for building will be considered. 5. Qualifications of voters at district meetings 30 (a) The voter (man or woman) must be twenty-one years of age. (b) The voter (man or woman) must have resided in the district for a period of forty days immediately preceding the meet- ing. (c) The voter (man or woman) must be the owner of real estate in the district, or must own personal property that was assessed in his (or her) own name at the last annual assess- ment, or must have children of school age residing in the district. (d) Challenge. 6. Business that may be transacted only at an annual district meeting 32 (a) Change the location of schoolhouse site. (b) Determine the amount of money required. 1. For maintenance the ensuing year (not to exceed 25 mills) 33 2. For free high school fund in accordance with itemized estimate of county superintendent 59 (c) Determine the number of mills (not exceeding ten) on the dollar of assessed valuation to be expended for building, purchase, or lease of schoolhouse, when there are no bonds voted for such purposes 33 12 N£B;R4SKA SCHOOL LAWS (d) Give directions for the expenditure of the building fund .... 35 (e) Determine the length of time school shall be taught in the district the ensuing year, subject to the provisions of sec- tion 14, subdivision 2; and whether the money appor- tioned or voted for the support of the school therein shall be applied to the winter or summer term or a certain por- tion to each 35 (f) Regular election of necessary officers must be by ballot. (Officers can be elected at special meetings only to fill vacancies) 38 (g) Require the director to present an itemized estimate of the amounts necessary to be expended during the ensuing year for all purposes, also a statement of all orders drawn on the county treasurer and on the district treasurer. ... 46 (h) The minutes of the meeting should be read, corrected (if necessary), and approved by a vote of the meeting. The minutes must contain a clear statement of every item of business transacted at the meeting 46 7. Business that may be transacted at either an annual or special district meeting 32 (a) Adjourn for the purpose of designating schoolhouse site ... 32 (b) Direct purchasing or leasing of an appropriate site 32 (c) Direct building, hiring, or purchasing a schoolhouse 32 (d) Transfer money from one fund of the district to another, after the purpose for which it was raised has been accom- plished, and after all debts for which the fund is liable have been discharged 35 (e) Direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the district, when no longer needed for the use of the district 37 (f) Direct and provide for the prosecution or defense of any proceeding in which the district may be an interested party 37 (g) Elect officers to fill vacancies 54 (h) May direct, by a two-thirds vote, the school board to con- tract with a neighboring district for instruction of pupils 52 II.— DISTRICT BOARD. 1. Report taxes voted at the annual meeting, including free high school tax 48j49 2. Deliver estimate of free high school tax levy to county superinten- dent and county clerk when annual meeting refuses or neglects to vote same 59 3. Have general care of the school, classify the scholars, and provide a course of study by consent and advice of county superintendent 48 BUSINESS CALENDAR 13 4. Determine rates of tuition of non-resident pupils 49 5. Suspend or expel pupils 52 6. Purchase or lease site; build, hire, or purchase schoolhouse when directed by voters 53 7. Have care and custody of schoolhouse and other property 54 8. Fill vacancy by appointment 54 9. Contract with neighboring district 52 10. Provide transportation 52 11. Shall present at annual meeting statement in writing of receipts and expenditures, funds on hand and estimate for ensuing year 56 12. Appoint physician 108 13. Provide and care for outhouses 53 14. Close school for Institute 80 III.— MODERATOR. 1. Administer oath to director and treasurer 40 2. File acceptance of office. 38 3. Countersign all orders and warrants 40 4. Preside at district meetings 40 5. Order arrest of disorderly person at district meeting 40 6. Approve treasurer's bond 41 7. Contract with teacher 43 IV.— TREASURER. 1. File official bond within ten days after election 41 2. Apply for and receive moneys from the county treasurer 41 3. Pay district moneys on the order of the director, countersigned by the moderator 41 4. Record receipts and disbursements 42 5. Report at annual meeting receipts and disbursements 42 6. Turn over to successor official books, papers, and funds 42 7. Appear for the district in suits brought by or against it 42 8. Contract with teacher 43 V.— DIRECTOR. 1. Report taxes voted at the annual meeting, free high school levy separately. The reports must be signed by all the officers of the board, and delivered to the county clerk (a duplicate to the county superintendent), by the first Monday in July 33, 47, 56 2. File acceptance of office 38 3. Draw and sign all orders and warrants 41, 46 4. Shall be clerk of district board and district meetings 43 14 NEBRASKA SCHOOL LAWS 5. Record all proceedings of the district 6. Preserve copies of reports to the county superintendent ......... 43 7. Contract with teachers, with consent and advice of the moderator and treasurer or one of them, or under their direction 43 8. Notify the county superintendent of contract with teacher 43 9. Take census, together with the names of all the taxpayers in the district, within ten days before the last Monday in June 45 10. Present to the annual meeting an estimate of expenses and prob- able amount of taxes for the ensuing year . 46 11. Report to the annual meeting the business transactions of the board for the past year 46 12. Give notice of annual meeting at least fifteen days before the last Monday in June 46 13. Report to the county superintendent within ten days after the annual meeting 47 14. Furnish the annual meeting a statement of the aggregate assessed valuation of the taxable property in the district 47 15. Approve monthly report of teacher 71 16. Require report of attendance of children 107 17. Give notice to parent or guardian 107 18. Make complaint against parent or guardian 107 VI.— TEACHER. 1. Must have certificate 43, 54, 70, 98 2. Examination 71, 73, 74, 75, 76, 98 3. Make monthly report to the director 71 4. Fill out term summary and send copy to the county superintendent 71 5. Must attend institute 79, 80 VII.— COUNTY SUPERINTENDENT. 1. Form new districts and change district boundaries .'.21, 22, 23, 24, 25, 94 2. Notify taxable inhabitant of the formation of a new district 24 3. Divide district property upon the formation of a new district 25 4. Sell schoolhouse when ordered by the district 26 5. Report to county clerk and county treasurer change in district boundaries, and keep in the office of the county clerk a map of the school dictricts of the county 27 6. Determine site for schoolhouse in new district 32 7. Appoint district officers 39, 54 8. Apply for writ of mandamus against district officers 40 9. Admininster oaths for the purpose of attesting school reports and the administration of the school law 47 BUSINESS CALENDAR 15 10. Notify director to transfer pupils to adjoining districts, and notify the county clerk of said transfer 50 11. Examine all candidates as teachers for the public schools 74 76 12. May revoke certificate 77 13. May act as third officer in district having but two legal voters 28 14. Grant certificates to teachers in such forms as shall be prescribed by the state superintendent 76 15. Receive all blanks and communications from the state superintend- dent and dispose of same 67 16. Visit each of the schools in his county at least once in each year, and consult with teachers and district boards 66 17. Promote the improvement of the schools in his county by public lectures, teachers' institutes, etc 66 18. Examine district reports and return same for correction when necessary 67 18a. Report to the state superintendent when required, and be subject to rules and instructions prescribed by the state superintendent 67 19. Notify the district officers of report due and not received 67 20. Report to the superintendent of the institute for the blind and to the superintendent of the institute for the deaf and dumb 67 21. Must attend normal institute in his district 79 22. Apportion state school funds to the districts of his county within twenty days after warrant is received from state auditor 82 23. Appoint appraisers of schoolhouse site, condemned 86 24. Assist in appraisal of claims or assets in division of district within metropolitan cities. 25. File official bond of $1,000. (See sections 5 and 19, chapter 10, Compiled Statutes of Nebraska.) 26. Notify teachers of institute 80 27. Notify school boards to close school during institute 80 28. Deliver to district board on or before second Monday in June esti- mate of amount required to pay free high school tuition 58 29. Deliver to county clerk an itemized estimate of free high school tax levy when district fails to vote free high school tax 59 30. Certify under oath to the state superintendent on or before the second Monday in October, number of districts entitled to state aid . . 36, 37 THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF NEBRASKA RELATIVE TO EDUCATION. ARTICLE VIII.— EDUCATION. Section 1. — Board of educational lands and funds. — The governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall, under the direction of the legislature, consti- tute a board of commissioners for the sale, leasing, and general manage- ment of all lands, and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law. Authority to invest a portion of the fund cannot be conferred by legislative enactment upon the treasurer. 40 Neb., 298. Sec. 2. — Property, how used. — All lands, money, or other property, granted or bequeathed, or in any manner conveyed to this state for edu- cational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance. Sec. 3. — Permanent school fund. — The following are hereby declared to be perpetual funds for common school purposes, of which the annual interest or income only can be appropriated, to wit: First — Such per centum as has been or may hereafter be granted by Congress on the sale of lands in this state. Second — All moneys arising from the sale or leasing of sections num- ber sixteen and thirty-six in each toVnship in this state and the lands selected or that may be selected in lieu thereof. Third — The proceeds of all lands that have been or may hereafter be granted to this state, where by the terms and conditions of such grant, the same are not to be otherwise appropriated. Fourth — The net proceeds of lands and other property and effects that may come to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons. Fifth — All moneys, stocks, bonds, lands, and other property now be- longing to the common school fund. Cited 5 Neb., 206. Sec. 4. — Temporary school fund. — All other grants, gifts, and devises that have been or may hereafter be made to this state, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the state. 5 Neb., 103, 206. 15 Id., 610. 16 Id., 680. 18 NEBRASKA SCHOOL LAWS Sec. 5. — Fines and licenses. — All fines, penalties, and license moneys arising under the general laws of the state shall belong and be paid over to the counties respectively where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordi- nances of cities, villages, towns, precincts, or other municipal subdivisions less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective subdivisions where the same may accrue. 5 Neb., 310, 516. 8 Id., 31162. 9 Id., 184, 352, 404. 11 Id. 557. 14 Id., 479. 17 Id., 224. 27 Id., 64. 28 Id., 254. 29 Id., 288, 348. Where a liquor license has been issued and is thereafter cancelled without fault of the licensee, he is entitled to a repayment pro tanto of the sum paid for the unexpired time. Neb.. 858. Sec 6. — Common schools. — The legislature shall provide for the free instruction, in the common schools of this state, of all persons between the ages of five and twenty-one years. Sec. 7. — Distribution of income — Provisions shall be made by general law for an equitable distribution of the income of the fund set apart for the support of the common schools among the several school districts of the state, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months. 5 Neb., 104. Sec. 8. — Educational lands — Price. — University, agricultural college, common school, or other lands, which are now held, or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value. Sec. 9. — Funds to remain inviolate. — All funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and shall not be invested or loaned except on United States or state securities, or registered county bonds of this state; and such bonds, with the interest and income thereof, are hereby solemnly pledged for the purpose for which they are granted and set apart, and shall not be transferred to any other fund for other uses. Cited 15 Neb., 610, 684. 16 Id., 680. 25 Id., 660. 39 Id., 353. 41 Id., 227. 66 Id., 381. Sec. 10 — University. — The general government of the University of Nebraska shall, under the direction of the legislature, be vested in a board of six regents, to be styled the Board of Regents of the University of Nebraska, who shall be elected by the electors of the state at large, and their term of office, except those chosen at the first election as hereinafter provided, shall be six years. Their duties and powers shall be prescribed by law, and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties. 5 Neb., 426. 17 Id., 612. EDUCATION 1.9 Sec. 11. — No sectarian instruction. — No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes; nor shall the state accept any grant, conveyance, or bequest of money, lands, or other property, to be used for sectarian purposes. 65 Neb., 877. Bible reading in the public schools. — Chief Justice Sullivan asserts that the law does not forbid the use of the Bible in public schools. The point where the courts may interfere is where the use of the Bible in a public school has degenerated into abuse, where a teacher instead of giving secular instruction had violated the constitution by becoming a sectarian propagandist. The court holds that whether it is prudent or politic to permit the reading of the Bible in the schools is a question for the school authorities, but whether the practice has taken the form of sectarian instruction is a question for the courts to determine upon evidence. Every alleged vio- lation must be established by competent proof. Sec. 12. — Reform schools. — The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employ- ment, and reformation of all children under the age of sixteen years who, for wantof proper parental care, or other cause, are growing up in mendicancy or crime. THE SCHOOL LAWS OF NEBRASKA. SUBDIVISION I.— SCHOOL DISTRICTS. Section 1.— (11500*)— "School district" defined.— The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter. Sec. 2. — (11501) — Body corporate. — Every duly organized school dis- trict shall be a body corporate, and possess all the usual powers of a corpora- tion for public purposes, by the name and style of "school district number , of county," and in that name may sue and be sued, purchase, hold, and sell such personal and real estate as the law allows. See Sec. 8, subdivision 3. No cause of action will accrue to school district, as a corpora- tion, against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of districts. 23 Neb., 661. See 11 Id., 285. 12 Id., 241. 22 Id., 205. 28 Id., 254. 30 Id., 363. Sec. 3. — (11502) — New districts. — Each organized county not already divided into school districts, or any part of such counties not so divided, shall be divided by the county superintendent into as many school districts as may be necessary. Territory not hitherto organized into school districts may be divided at the discretion of the county superintendent. Districts should be limited in extent by the distance that scholars are able to attend school. 9 Neb., 366. County superintendent has exclusive original jurisdiction. 35 Neb., 400. 51 Id., 570. Sec. 4. — (11503) — Change in boundaries. — New districts may be formed from other organized districts, and boundaries of existing districts may be changed, under the following conditions only: First — Discretion of county superintendent to create a new district. — The county superintendent shall have discretionary power to create a new district from other organized districts upon a petition signed by one-third of the legal voters in each district affected. Second — Discretion of county superintendent to change boundaries. — The county superintendent shall have discretionary power to change the boundaries of any district upon petitions signed by one-half of the legal *Numbers in parentheses refer to the section numbers of Cobbey's Annotated Statutes of Nebraska, 1909. 22 NEBRASKA SCHOOL LAWS [Subdiv. 1 voters in each district affected. He shall also have discretionary power to annex to any existing district any territory not organized into districts, upon petitions signed by one-half of the legal voters in the said district and in the said territory proposed to be annexed; Provided, That upon the peti- tion of any freeholder or freeholders to a Board consisting of the county superintendent, county clerk and county treasurer, asking to have any land described therein set off from the district in which it is situated and attached to some other district, which petition shall show that the land therein de- scribed is owned by said petitioner or petitioners, and that said land joins the district to which it is to be attached; which petition shall also state the reasons for such proposed change, and no change shall be made unless it is shown that the territory proposed to be attached has children of school age residing thereon with their parents or guardians, that they are each more than two miles from the school house in their own district and at least one-half mile nearer to the school house in the adjoining district, said distance to be meas- ured by the shortest route possible upon section lines or traveled roads open to the public, and shall be verified by the oath of the petitioner or petitioners; said board may thereupon change the boundaries of the district so as to se off the land described in said petition and attach it to such adjoining dis- trict as is called for in the petition whenever they shall deem it just and proper and for the best interest of the petitioner or petitioners so to do. The consolidation of school districts is one of the most important and delicate of the superintendent's duties, always to be performed with great care and deliberation. It must not be confused with the discretionary power of the superintendent to create a new district from other organized districts upon petition signed by one-third of the legal voters in each district affected. See condition first, section 4, subdivision 1. The creation of a new district under this provision will not permit the discontinuance of any district. The consolidation of school districts contemplates the discontinuance of one or more districts every time a con- solidation is perfected. "One district may be DISCONTINUED and its territory attached to other adjoining districts (or district), upon petitions signed by one-half of the legal voters in each district affected." See fourth condition, section 4, subdivision 1. It must be remembered that the petitions for the consolidation of two or more school districts shall contain an exact statement of what changes in district boundaries are proposed. The notices of said petition shall be likewise specific relative to changes proposed. Said notices shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse, if there be one, in each district affected, or territory not organized into districts proposed to be attached to an existing district, at least ten (10) days prior to the time of pre- senting the petitions to the county superintendent; provided, that changes affecting cities (districts organized under subdivision 14, 14a, or 17) shall be made upon the petition of the board of education of the district or districts affected. Suppose districts Numbers 1, 2, 3 and 4 of a certain county desire to consolidate with district No. 5. Separate petitions must be circulated in each of these districts, 1, 2, 3 and 4, asking to be discontinued and to have its territory attached to district No 5, which district shall retain its old number. Four separate petitions must also be circulated in district No. 5; one asking that the territory in district No. 1 be attached to district No. 5; one asking that the territory in district No. 2 be attached to district No. 5; one asking that the territory in district No 3 be attached to district No. 5; and one asking that the territory in district No. 4 be attached to district No. 5. This plan is somewhat cumbersome, it is true, but under the existing statute it is the only legal way. The consolidated district shall take the number of the said district No. 5, and be under the control of its officers until the annual meeting, when it may organize as a high school district, provided, it contains more than one hundred and fifty children between the ages of five and twenty-one years. See section 1, subdivision 6, School Laws. The limits to which consolidation may be carried is left to the good judgment and dis- cretion of the county superintendent. Every consolidation of school districts must be deter- mined by the circumstances and conditions surrounding it. The only manner by which free transportation of pupils may be obtained is according to the statute given in sections 4b and 4c, subdivision 5, School Laws. Where several districts are consolidated, the new district not only becomes invested with the property rights of the former, but also becomes answerable for their debts. This includes bonded indebtedness as well as all other obligations. For the court's decision and exposition of the law on this question, see 15 Nebraska Reports, pages 1 to 7, inclusive. After several districts have been consolidated, any property which shall no longer be1 needed for the use of the new district may be sold by the district board of such district when authorized and directed by a two-thirds vote of the qualified voters present and voting at any annual or special meeting; and when real estate is sold the district may convey the same Subdiv. 1] SCHOOL DISTRICTS 23 by deed, signed by the moderator of the district, and such deed, when acknowledged by such officer to be the act of the district, may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds. Discretion of county superintendent. 23 Neb., 659. 25 Id., 200. Discretion of county superintendent will not be controlled by mandamus; appeal lies from his decision to district court. 25 Neb., 405. Cited 18 Id., 648. Notices indispensable. Contents of affi- davit; time and place should appear. 31 Neb., 424. When territory is to be attached writ- ten notice and petition should be given. 28 Neb., 485. Proviso in paragraph 7 confined to what immediately precedes it. Notice in accordance with paragraph 3 necessary. 9 Neb., 331. 39 Id., 391. As many petitions must be presented as there are districts affected. Before making the division, the county superintendent should employ all the legitimate means within his reach to satisfy himself that a legal majority of the voters in the district have signed a peti- tion; and it would be well to move deliberately in the matter, allowing parties interested opportunity to know what is proposed to be done. The law does not provide for striking off a part of a district without annexing it to some other. The superintendent may require the signer to erase his name from one of the papers if the same name appear upon different papers. When petitions asking contrary things arc presented, the county superintendent should do nothing till some course is agreed upon by P3titioners. Third — Shall not refuse the petition of two-thirds. — The county super- intendent shall not refuse to change the boundary line of any district, or to organize a new district, when he shall be asked to do so by a petition from each school district affected signed by two-thirds of all the legal voters in such district, nor to annex to an existing district any territory not organized into districts when asked so to do by petitions signed by two-thirds of the legal voters of the said existing district and the said territory proposed to be attached. A notice of said petition containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse, if there be one, in each district affected, or territory not organized into dis- tricts proposed to be attached to an existing district, at least ten (10) days prior to the time of presenting the petition to the county superintendent. Provided, That on January 2, 1910, any territory which is not then a part of any school district shall, by the county superintendent of the county in which such territory lies, either be organized into new districts or attached to one or more adjoining districts. Provided further, that changes affecting cities shall be made upon the petition of the board of education of the dis- trict or districts affected. Fourth. — Two districts made from one. — Two districts may be made from one by the county superintendent upon a petition from each district proposed signed by a majority of the voters in each district proposed. One district may be discontinued, and its territory attached to other adjoining districts, upon petitions signed by one-half of the legal voters in each district affected. Fifth — List of voters. — A list or lists of all the legal voters in each district (or territory) affected, made under the oath of a resident of each district (or territory) affected, together with an oath of a resident of each district (or territory), that the legal notice provided for in the third clause of this section has been properly posted, shall be given to the county superin- tendent when the petition is presented. By legal voters is herein meant all who are legal voters at an election for school district officers. 24 NEBRASKA SCHOOL LAWS [Subdiv. 1 Sixth — New district, when formed. — No new district shall be formed between the first Tuesday of April and the first day of October. This does not apply to change of boundaries nor to consolidation of districts. Seventh — Extent of district. — No new district shall be formed con- taining less than four (4) sections of land, nor shall any district be reduced by division or otherwise so as to contain less than that amount, unless the district so formed, or the part of a district remaining after division, shall have an assessed valuation of property of not less than fifteen thousand ($15,000) dollars; Provided, That when streams of water courses make it impracticable to form districts containing four sections, then the county superintendent may form districts with less than four sections without regard to valuation. When streams of water make it impractible for children to attend school in their own district, the county superintendent shall have authority, and it shall be his duty, when requested by the parents or guardians of such children, to attach to adjoining districts such territory as he may deem necessary for the purpose of giving said children school privileges. When a district is reduced in size by the annexation of a part of its territory to a city district as provided by law, or when a portion of a district is cut off from school privileges by a river's changing its channel, so that such part remain- ing after such annexation or the said portion so cut off by change of a river channel shall contain less than two sections of land and fewer than twenty (20) persons of school age, the county superintendent shall have authority, and it shall be his duty to attach such remainder or portion to adjoining districts, provided this can be so done that no pupil is such remainder or portion shall be more than two and one-half miles from the nearest school- house in the district in which such pupil is so placed. Eighth — Petitions filed. — The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such petition shall be prima facie evidence of the boundaries of districts; and all conflicting records of boundaries shall be made to correspond with the petitions so filed. [Amended 1909.] Sec. 4a. — (11529) — Three sections or less. — When any school district has only three sections of land or less than three sections of land the county superintendent, county clerk and county board shall have authority and it shall be their duty, upon petition of the district board or board of education of such school district, to make such changes in the boundaries of such district and of any or all districts contiguous thereto as in their judgment will be just and equitable. Sec. 5. — (11504) — Notice to taxable inhabitant. — Whenever the county superintendent of any county shall form a new district, it shall be the duty of the said superintendent to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the super- intendent. The record should contain a minute detail of all proceedings in relation to the forma- tion of the new district and of the amount justly due the new from the old district out of which it may have been formed. 6 Neb., 545. Subdiv. 1] SCHOOL DISTRICTS 25 Sec. 6. — (11505) — Notice to voters. — The said notice shall also direct such inhabitant to notify every qualified voter of such district, either person- ally or by leaving a written notice at his or her place of residence, of the time and place of holding said meeting, at least five days before the time appointed therefor; and it shall be the duty of each inhabitant to notify the qualified voters of said disrtict accordingly. Every qualified voter should be notified; but a failure to notify one or more would not invalidate the action of the meeting unless fraud could be shown. (See section 8.) Fr>r defi- nition of "qualified voter," see sections 4 and 5 of subdivision II. Sec. 7. — (11506) — Return of notice. — The said inhabitant, when he shall have notified the qualified voters as required in said notice, shall endorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting. Sec. 8. — (11507) — Record of notice, return, and organization. — The said chairman shall deliver such notice and return to the director chosen at such meeting, as hereinafter provided, who shall record the same at length in a book, to be provided by him at the espense of the district, as a part of the records of such district, which records shall be prima facie evidence of the facts therein set forth and of the legality of all proceedings in the organiza- tion of the district prior to the first district meeting, but nothing in this section contained shall be so construed as to impair the; effect of the record kept by the county superintendent as evidence. Sec. 9. — (11508) — Division of district property. — When a new district is formed in whole or in part from one or more districts possessed of a school house or other property, the county superintendent, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and deter- mine the amount justly due such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts at the time of such division, and the fact that such schoolhouse or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof; Provided, That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted as hereinafter provided. The division of school districts and school property is one of the most important and delicate of the superintendent's duties, always to be performed with care and deliberation. The division of property should be made when the district is divided, or as soon as possible thereafter. Where there are debts, which must be paid by the old district, they should be taken into account in the division of property. The superintendent must use his best judg- ment in estimating the value of school property, keeping in mind that the law requires him to "ascertain and determine the amount justly due" to the new district. Section 11 states clearly how this money is to reach the treasury of the new district. In applying sections 9 and 11 to the division of a district which is bonded, it must be remembered that the bonds are of the nature of a mortgage on all the land and property of the original district, and that this incumbrance cannot be removed from any part of it by the division. 54 Neb., 171. When the division of a district has been completed by a county superintendent, his successor cannot re-open and adjust it again; but a superintendent who finds out that he has made a serious mistake may correct such mistake within reasonable time. To divide a joint district the same formalities are requisite as in any other. A peti- tion should be presented to the superintendent of each county affected. Debts of a district cannot be divided and apportioned without the consent of creditors. After the division, the old district has no authority to use property or funds to which 26 NEBRASKA SCHOOL LAWS [Subdiv. 1 the new one is entitled. 4 Neb., 267. Where there is no finding or determination whatever by the superintendent as to property of any kind retained by a district out of which a new district was formed, his certificate to the county clerk, stating the amount of tax to be ^levied on the old district to be paid to the new when collected, is a nullity. 6 Neb., 539. Certifi- cate of superintendent of amount found due, sufficient to authorize levy of tax.. 12 Neb., 327. See also, 13 Id., 177. 17 Id., 177. 19 Id., 485. Sec. 10. — (11509)— Amount due in installments. — If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original in- debtedness shall become due to the creditors of the old district. Sec. 11. — (11510) — Certificate of amount due.- — The amount of such proportion, when so ascertained and determined, shall be certified to by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the schoolhouse or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district. The artion of the district is not required to levy the tax thus made necessary, and it is beyond its control. The county commissioners are the proper persons to levy it. The whole amount need not be levied at once, but may be put into two or more levies. Sec. 12. — (11511) — When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a schoolhouse or other district purposes. Sec. 13. — 11512) — Sale of schoolhouse. — Whenever, by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such schoolhouse and site shall be located may, when ordered by the district, advertise and sell the same at public or private sale, and apportion the pro- ceeds; Provided, That when sold at private sale such sale shall not be binding until approved by the district interested. For errors of judgment and mistakes in the performance of this onerous duty the super ntendent is not pecuniarily responsible, unless there is evidence of fraud. The superintendent should take ample time and acquaint himself fully with the facts. Sec. 14. — (11513) — Division of money. — The money arising from the sale of schoolhouse and site, or otherwise, except teachers' fund shall be divided among the several districts created in whole or in part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division. Sec. 15. — (11514) — Teachers' fund. — Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number Subdiv. 1] SCHOOL DISTRICTS 27 of scholars in each district at the time of said division. The money desig- nated in this and the preceding section shall be divided at once, and not in the manner provided in section 11 of this subdivision. Money on hand when a district is divided is to be treated as follows: The teachers' fund, including proceeds of tax for teachers' wages and the state apportionment, according to section 15; that is, in proportion to the number of children in the district at the time of divi- sion. The remaining funds (both in county and district treasury) will be divided according to section 14; that is, in proportion to the taxable property of the districts concerned. When a county superintendent has ordered money paid by one district to another, and the district neglects or refuses to pay it, the treasurer of the district to which the money is due may apply to the court for a mandamus to compel the officers of the delinquent dis trict to pay the money. Sec. 16. — (11515) — Unbonded indebtedness. — Whenever a new district shall be organized from the territory of a former district, and there shall be any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of schoolhouse or other prop- erty, and such new district shall be entitled to only the value of its propor- tionate share of such property after deducting its like share of such indebted- ness. * Where several districts are consolidated, the new district not only becomes invested with the property rights of the former, but also becomes answerable for their debts. 51 Neb. 1. Sec. 17. — (11516) — Report of change in boundaries. — Every change in district boundary lires must be reported as soon as made to the county clerk and the county treasurer by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. The county superin- tendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected taxes levied upon property that has been transferred to another school dis- trict, shall, when collected, be placed to the credit of the district to which such property has been transferred. Sec. 18. — (11517) — Unsatisfactory division. — Whenever a district is dis- satisfied with the division of school property made by the county superin- tendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final. Sec. 19 — (11518)— Arbitration. — The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after said superintendent has made his award. The county superintendent shall notify the other district or districts, and direct them to cloose arbitrators. The county superintendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration. 28 NEBRASKA SCHOOL LAWS [Subdiv. 1 Sec. 20. — (11519) — Award. — The award of arbitrators shall be in writ- ing and shall be filed with the county superintendent, and shall be final; Pro- vided, That if no award is made by the committee within thirty days from the day of arbitration, the division made by the county superintendent shall be legal and valid. Sec. 21. — (11520) — Fees of arbitrators. — The fees for such arbitrators shall be as follows: Each person engaged as arbitrator shall receive two dollors per day during the time necessarily occupied, to be paid equally by the districts. Sec. 22. — (11521) — Joint districts. — That when persons living in two or more counties desire to form a school district, it shall be the duty of the superintendents of the respective counties to authorize the said persons to organize such district, and the reports contemplated in this chapter shall be made to the superintendents of each county, parts of which form the district, qf such property or children as may be within the limits of each such organized county. (DISMEMBERED DISTRICTS.) Sec. 23. — (11522) — Less than three voters in district. — In case the num- ber of legal voters in any district becomes less than three, the county super- intendent shall act as the third officer of such district. Sec. 24. — (11523) — Same — Annexation to adjoining district. — When for a continuous period of one year a district shall have less than two legal voters residing therein, the county superintendent may, in his discretion, annex the said district to one or more adjoining districts, upon petitions signed by a majority of the legal voters of such adjoining district or districts; Provided, That if any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall be the duty of the county superintendent of the county in which such district lies, to attach the territory of such district to one or more adjoining school districts. [Amended 1909.] Sec. 25. — (11524) — Same — Dissolution — Procedure — Funds — When for a continuous period of one year a district shall have less than two legal voters residing therein, (or) for a period of two consecutive years shall fail or neglect to maintain its district organization, it shall be lawful, upon a petition being presented for that purpose by the resident voter of said district, or by the county superintendent of the county in which said district is situated, for any court of competent jurisdiction of said county to authorize the county superintendent of the county in which said district is located to close up the affairs of said district. Twenty days previous to any action on the part of the county superintendent notice of such action on the part of the court shall be made public in some legal newspaper circulating in said county. The said county superintendent thus authorized shall have power, and it shall be his duty to take possession of all jschool property belonging to said district. If there be funds belonging to said district in the hands of the county treasurer, the county superintendent shall proceed to pay off the indebtedness of the d strict, issuing orders upon the county treasurer for the payment of such indebtedness. If there be no funds in the hands of the county treasurer to Subdiv. 2] DISTRICT MEETINGS 29 the credit of said district, the county superintendent shall, upon order of the court, advertise and sell at public auction the school property of said district, placing the money thus obtained in the hands of the county tresaurer to the credit of the aforesaid district, and issue orders upon it as above. Sec. 26. — (11525) — Debts — Taxes. — If any indebtedness still remain un- paid, the board of county commissioners of said county shall determine the rate of taxation necessary to pay such indebtedness, and shall cause such taxes to be levied upon all property in the said district and collected as other taxes. Sec. 27. — (11526) — Superintendent, Bond. — Before entering upon such duties, the county superintendent shall execute a good and sufficient bond to the people of the State of Nebraska, to be approved by the judge of said court, in double the amount of the value of all property which in the opinion of the court shall be entrusted to his care. Sec. 28. — (11527) — Same — Report. — It shall be the duty of the county superintendent to file an itemized report in said court, showing the disposition of all property and money received by him in the said transaction, and said report shall be a part of the official records of said court. Sec. 29. — (11528) — Same — Compensation. — For performing the duties hereby imposed, it shall be lawful for the court to award to the county super- intendent such compensation as in its judgement shall be just and right; and such amount and costs of court shall be a claim against said district. SUBDIVISION IL— DISTRICT MEETINGS. Section 1. — (11530) — Annual meeting. — The annual school meeting of each school district shall be held at the schoolhouse, if there be one, or at some other suitable place within the dsitrict, on the last Monday of June of each year. The officers elected as hereinafter provided shall take possession of the office to which they have been elected upon the second Monday of July, and the school year shall commence with that day. No authority to adjourn election. 15 Neb., 447. Cited 33 Id., 335. See, also, 32, Id., 370. Sec. 2. — (11531) — Special meeting. — Special meetings may be called by the district board, or any one of them, on the written request of any five legal voters of the district, by giving the notice required in the next succeeding section; and in all notices of special meetings the object of the meeting shall be stated, and no business shall be transacted at such meetings except such as is mentioned in the call. meeting. A special school district meeting has no authority to determine the length of school to be held in the district the ensuing year, nor to determine at what time in the year such term shall be held. The legal action of the annual meeting upon these subjects is final. 30 NEBRASKA SCHOOL LAWS [Subdiv. 2 In case a district has no school officers, the county superintendent should call a special meeting for the election of school officers upon the petition of five legal voters of said district. In case there are not five legal voters in said district, then every legal voter should sign the peti- tion for a special meeting. If said voters should refuse to sign such petition, then the county superintendent should apply to the district court for a writ of mandamus to compel such voters to make legal provision for school in such district. A majority of the legal voters of a district, at a special meeting, may re-consider their previous action at a special meeting. Questions which can be determined only at an annual meeting cannot be changed at a special meeting. No business can be transacted at a special district meeting except that specified in the call for said meeting; but the fact of doing business not mentioned in the call does not invali- date action with reference to business which was specified in the call. The names of the five persons who made the request for the call should be recorded in the minutes. The district officers may constitute three of the five. When a special meeting adjourns to another time, new notices should be put up; but a failure to do this would not ren- der the adjourned meeting illegal. An annual or special meeting held in the evening (after night) would not be illegal. One copy of the notice of school district meetings should be posted upon the schoolhouse door. Sec. 3. — (11532) — Notices, Contents. — All notices of annual or special meetings, after the first meeting has been held as hereinbefore provided, shall state the day, hour and place of meeting, which place shall be within the district, and shall be given at least fifteen days previous to such meeting, by posting up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice. No schoolhouse site shall be changed nor taxes voted for building, purchase or lease of a schoolhouse at any district meeting unless notices shall have been given of such meeting as above provided, including therein the fact that such subjects will then be considered. The official certificate of the director of a school district that notice of a certain special school meeting held in said district was given by posting up notices of said meeting twenty days before the holding thereof, in three of the most public places in said district, which cer- tificate was introduced and received in evidence under a stipulation of parties, in which it was recited that such "stipulation is for the purpose of using the same as testimony, instead of the plaintiff or defendant being obliged to take depositions to prove the same," held, to be evi- dence of the due publication of the notice of the calling of such special school meeting. 21 Neb., 725. Sec. 4. — (11533) — Voters, qualifications. — Every person, male or female, who has resided in the district forty days and is twenty-one years old and who owns real property or personal property that was assessed in the district in his or her name at the last annual assessment, or who has children of school age residing in the district, shall be entitled to vote at any district meeting or school election held in any district, village, or city; Provided, That all electors at school elections held in cities where registration of voters is re- quired shall comply with the provisions of such registration law before they shall be entitled to vote. *A person who owned property in a school district on April 1 preceding the election, which property was subject to assessment, has the property qualification for a voter at school election. Penalty for illegal voting. — This act provided that any person who shall vote in any school district in this state in which he has not actually resided ten days, or such length of time as required by law, next preceding the election, or into which he shall have come for temporary purnoses merely, shall, on conviction thereof, be fined in any sum not less than twenty-five ($25) d»- lars or more than one hundred ($100) dollars, or be imprisoned in the jail of the proper county not more than six months. Any person who has resided in the district forty days and is twenty-one years old, and who owns personal property that was assessed in the district in his or her own name at the last annual assessment, is entitled to vote at any district meeting. The law places no limit as to the amount of taxable property necessary to entitle the holder to vote. The chairman of the meeting has no right to demand the production of tax receipts by persons offering to vote. The ownership of real property, which confers the right to vote at a district meeting, must be an actual and present ownership such as would entitle the voter to the use and con- *The decisions under section 4 are decisions which apply to all school districts. Subdiv. 2] DISTRICT MEETINGS 31 trol of the property in question. A prospective or contingent right, like that of dower or curtesy, would not constitute such ownership as this statute requires. Important recent decisions of our supreme court declare the right of dower to be a "charge or incumbrance" upon the property, similar in its effect to a mortgage or lien. This, however, would not en title the holder of such a right to be considered as a voter, any more than would the holding of a mortgage confer such a right upon the mortgagee. Therefore, a wife who has no children of school age and owns no real property in her own name and no personal property assessed in her name at the last annual assassment, would not become a legal voter by virtue of her husband's ownership of such property, although she possesses the requisite qualifications of age and residence; nor would the husband become a voter simply by virtue of his wife's owner ship of such property. The courts have repeatedly held that a homesteader is a "freeholder" within the mean ing of that term as used elsewhere in the statutes. This clearly implies ownership of the land such as would entitle him to vote at an annual meeting under the statutory provision em- braced in the words "who owns real property in the district." A young lady twenty-one years of age who holds a homestead is a voter at the annual meeting. The homesteader votes in the district of his homestead, and not in the district in which he may be temporarily working. "Any person who shall vote in any school district in this state in which he has not legally resided ten days, or such length of time as required by law, next preceding the election, or into which he shall have come for temporary purposes merely, shall, upon conviction thereof, be fined in any sum not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the jail of the proper county not more than six months." Section 7846, Grim inal Code, Compiled Statutes of Nebraska for 1903. A person living in unorganized territory has no vote at school meetings in any district by reason of having property in said district. Residence is one of the qualifications neces sary to be a voter. A person having all the necessary qualifications to vote at an annual st hool district meeting may not be debarred from voting from the fact that he was not in the district the prescribed number of days just preceding the election, when it was known that he was out of the district temporarily and that his permanent home is in the district. Section 11533, Cobbey's Annotated Statutes, confers upon women having the neces sary qualifications the right to vote at any school district meeting or school election held in any district, village or city. This statute also confers upon women possessing such quali cations the right to vote at primaries held in cities for the nomination of members of boards of education. An alien, male or female, who possesses all of the qualifications relative to age, resi dence and ownership of property, or having children of school age, is a voter. The matter of being an alien does not enter into the question. To acquire a domicile or residence in a school district, two things are necessary: the fact 9f a residence in a place, and the intent to make it a home. A domicile or residence once acquired remains until a new one is acquired. Mere intention to remove without the fait of removing will not change the domicile; nor will the fact of removal without the intention to change the residence. A person once established in any place, the presumption of resi dence continues unless rebutted, and the burden of proof is upon the party alleging the same. In general, where a man lives or claims his home, and where he enjoys the privileg6 of a resident citizen, may be considered his place of residence. In all cases a man must proye his intention as to the place of his residence; if he removes his family and goods from the dis trict, and it can be proved that he intends to claim his residence in some other place, he is no longer a resident of the district. A homesteader can have no residence except in the dis trict in which his homestead is located. Justice Maxwell says: "That place will be (on sidered the residence of the person in which his habitation is fixed, without any present inten tion of removing therefrom, and to which, whenever he is absent, he has the intention of returning." Women may vote and hold office in school districts. 15 Neb., 477. Sec. 5. — (11534)— Challenge. — If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter, and if such person shall state that he or she is qualified, and the challenge shall not be withdrawn, the said chair- man shall administer to him or her an oath in substance as follows: "You do solemnly swear (or affirm) that you are twenty-one years of age, that you have resided in this school district for forty days last past, that you own real property in the district, or personal property that was assessed in your name [in this district] at the last assessment or have children of school age 32 NEBRASKA SCHOOL LAWS [Subdiv. 2 residing in the district, so help you God." And every person taking such oath shall be permitted to vote on all questions proposed at such meeting. Sec. 6. — (11535) — Rejection of vote. — If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall wilfully take a false oath, or make a false affirmation under the provi- sions of the preceding section shall be deemed guilty of perjury, and be pun- ished accordingly. Sec. 7. — (11536) — Challenge. — When any question is taken in any other manner than by ballot, a challenge immediately after the vote has been taken, and previous to an announcement of the vote by the chair, shall be deemed to be made when offering to vote, and treated in the same manner. Sec. 8.— (11537) — The qualified voters in the school district, when law- fully assembled, shall have power to adjourn from time to time, as may be necessary, to designate a site for a school house, by a vote of two-thirds of those present, and to change the same by a similar vote at any annual meet- ing; Provided, that in any school district where the school house is located three-fourths of one mile or more from the center of such district, such school house site may be changed to a point nearer the center of the district by a majority vote of those present at any such school meeting; And, provided, further, That in any school district containing more than one hundred and fifty children between the ages of five and twenty-one years and having a district board of six trustees, the school house site therein may be changed and the purchasing of a new site directed, either or both, at any annual or special meeting, by a two-thirds vote of those present at any such meeting. When a school district has held open, notorious, and adverse possession of a certain schoolhouse site for a period of ten years or more, there is no doubt that such site is the legal site of the district. The phrase "designate a schoolhouse site," has reference to the first location of a school- house site in a newly organized district. The county superintendent's authority to deter- mine where such site shall be established, when no site can be determined upon by the voters of the district, has reference also to the first location of a schoolhouse site in a newly organ ized district. The county superintendent has no authority to determine the schoolhouse site when it has once been established. Neither is there any authority for adjourning the annual meeting for the purpose of Changing the site when once established. The literal and legal schoolhouse site is the place actually occupied by the schoolhouse. All distances relative to site and transfers are measured from the schoolhouse. Therefore, a moving of the schoolhouse to a different part of the school grounds is a change of the site and can be done only under the provisions of section 8, subdivision 2, School Laws. The "three-fourths of a mile" mentioned in the proviso in this section should be meas- ured on a straight line joining the schoolhouse and the geographical center of the district. Cited Wilber vs. Wooley,44 Neb., 739 (62 N. W. Reporter, 1095). Purchase or lease. Neb.,438. By act of Congress (March 3, 1873), it was enacted that a person occupying a home- stead or pre-emption shall have the right to transfer by warranty, against his own acts any part of his homestead or pre-emption for a site for a schoolhouse; and this shall not vitiate his title. Sec. 9. — (11538) — Same. — When no site can be established by such in- habitants aforesaid, the county superintendent of the county in which the district is situated shall determine where such site shall be, and his deter- mination shall be certified to the director of the district, and shall be final, except that such decision may be changed by the county superintendent on a written request of two-thirds of the qualified voters of the district. Sec. 10. — (11539) — Purchase or lease of house. — The said qualified voters shall also have power, at any annual or special meeting, to direct the Subdiv. 2] DISTRICT MEETINGS 33 purchasing or leasing of any appropriate site, and the building, hiring, or purchasing of a schoolhouse, and the amount necessary to be expended the succeeding year, and to vote a tax on the property of the district for the pay- ment of the same. Not to conflict with section two (2). If a school district fails to have the lease for its schoolhouse site recorded, and a deed is given to another party for land containing said site, the lease the district has from the first owner is no longer in force. It is necessary to secure a lease from the present owner and have it recorded. Contracts for the erection of schoolhouses should be made with reference to funds on hand. 4 Neb., 360. The board cannot bind the district by an increased expenditure beyond the amount authorized by the district. 10 Neb., 242. Cited 32 Id., 354. Building committee. 45 Neb., 239. Building contracts. 51 Neb., 237. 51 Id., 740. Sec. 11. — (11540) — Taxes voted. — The trustees of each school district within the state of Nebraska shall, prior to the annual school district meeting in each year, provided for by section 5427 [sec. 1, sub. 2] of this act, prepare an estimate showing the amount of money required for the maintenance of schools during the coming school year, and the legal voters at the annual school meeting each year, shall determine the amount of money required for school maintenance during the coming school year, which shall be an amount sufficient to maintain a school in the manner and for the time provided in section 5440 [sec. 14, sub. 2] of the act and the amount of money so required shall be levied as a tax upon all of the taxable property of the school district; Provided, That in districts having four children or less of school age, the amount levied shall not exceed the sum of four hundred ($400.00) dollars in any year; and in districts having more than four and less than sixteen children of school age, the levy shall not exceed the sum of fifty ($50) dollars per child in addition to the above. The amount of money so voted as being necessary for the maintenance of the school for the coming year, shall be certified by the district school board to the county clerk of the county in which said school district is located and said amount shall be levied by the county board on the assessed value of the school district, and be collected as other taxes; Provided, That the amount so levied shall not exceed in any one year two and one-half ($2.50) dollars on the one hundred dollars valuation as assessed and equalized. The district court may issue an order on the county board to make the necessary levy for the satisfaction of a judgment against a school district; and when the taxes derived from such special levy are paid into tha county treasury it is the duty of the county treasurer, under the direction of the board of county commissioners, to pay the same into court for the satis- f county commissioners, to pay the same into court acon o sa ugmen caim. The district voters have nothing whatever to claim, nor should it be paid out of moneys derived from taxes voted at the annual meeting. The maximum levy for school purposes that can legally be voted by a school distr is twenty-five mills (except for the payment of bonds, and for free high school tuition). Any The maximum levy for school purposes that can legally be voted by a school district ty-five mills (except for the payment of bonds, and for free high school tuition). Any other construction would do violence to the law and extend the taxing powers of a school district beyond the limit therein prescribed. The annual meeting votes the tax, the county board or clerk levies it. Cited 4 Neb., 307. 11 Id., 360. 12 Id., 255. 9 Id., 331. Unauthorized levy. 19 Id., 485. Sec. lla. — (11548) — County clerk makes levy, when. — When no levy is voted at the annual school district meeting, or where the district votes to have no school, or where no action is taken by the annual meeting to provide for school, it shall be the duty of the county superintendent of the proper county to make and deliver to the county clerk of such county in which any part of the district is situated not later than the first Monday in August following the annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes in such district. 34 NEBRASKA SCHOOL LAWS [Subdiv. 2 It shall be the duty of the county clerk to levy such taxes on the taxable property of the district, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected, and when collected to be paid to the treasurer of the proper district on the order of- the director countersigned by the moderator of said district. Sec. lib.— (11541)— Same, joint districts.— It shall be the duty of the county clerk of any county in which a fractional part of a joint school dis- trict is located, on or before the 15th day of June of each year, to certify the assessed valuation of all taxable property of such fractional part of said joint school district to the clerk of any county in which a fractional part of said district is located. Sec. lie. — (11542)— County board make proportionate levy. — The county board of any county, acting in pursuance of section 5437, subdivision 2, chapter 79, Wheeler's Compiled Statutes of Nebraska for 1905, shall make a levy for any joint school district sufficient only to produce an amount bearing an equal proportion to the whole amount required for such joint school dis- trict, which the fractional part of the district lying within the said county bears to the valuation of the entire district. Sec. 12. — (11543) — Building fund, how levied. — The legal voters may also, at such meeting, determine the number of mills not exceeding ten mills on the dollar of assessed valuation, which shall be expended for the building, purchase, or lease of schoolhouse in said district, when there are no bonds voted for such purpose, which amount shall be reported levied and collected as in the preceding section; Provided, That upon petition of one-fourth of the legal voters of such district to the trustees at least twenty days before time of annual meeting, praying that the question of voting a tax to create a special fund for the erection of a schoolhouse in said district be submitted to the qualified voters at such annual meeting the trustees shall include such question in the posted notices of business to be considered at such annual meeting. Said petition shall definitely state the whole question to be sub- mitted, including the sum desired to be raised or the amount of the tax so levied, the period of years and the whole regulation, including the time of its taking effect or having operation. And if a majority of the qualified electors at such meeting vote in favor thereof the record of the meeting shall be certi- fied to the county board, which, upon being satisfied that all the require- ments have been substantially complied with, shall cause all the proceedings to be entered upon the record of the County Board and shall make an order that the levy be made in accordance therewith and collected as other taxes. The provisions of Sections 11298, 11299, 11300 and 11301, of Cobbey's Annotated Statutes for 1907, relating to special funds for erection of court houses shall apply so far as practicable to the procedure under this act, the board of school district trustees having the power to contract for the erection of the proposed building under the same restrictions as the county board in case of erection of a court house and any residue of such tax going into the school district general fund; Provided, further, that the amount of such special tax so levied shall not exceed ten mills on the dollar valuation above the twenty-five mill levy allowed for general school purposes. [Amended 1909.] Subdiv. 2] DISTRICT MEETINGS 35 Sec. 13. — (11544) — Building fund, how expended. — The tax levied and collected, as provided by the preceding section, shall be expended under the direction of the district made at the annual meeting, or in the absence of such direction, then such tax shall be expended as the district board of the district may direct. Money remaining in the treasury after the purpose for which it was raised has been accomplished, and after all debts for which the fund is liable have been discharged, may be transferred to any other fund of the district, at any district meeting. Certain sections of chapter 79, Compiled Statutes, 1895, entitled "Schools" construed and held, (1) That the electors of a school district, and they alone at their regular annual meet- ing, or at a special meeting called for such purpose, have power to direct the building of a schoolhouse; (2) that the district board of a school district has no power or authority of law to appropriate the funds of a school district to the erection of a schoolhouse, unless first author- ized so to do by a vote of the electors of such school district; (3) that when a school district owns a schoolhouse site and has the money in its treasury sufficient to build a schoolhouse, which money was raised for that purpose, the electors of such school district, at any regular annual meeting, or at a special meeting called for that purpose, may direct the building of a school- house on the school site, and that such school building be paid for out of the funds on .hand for that purpose; (4) that the electors at such meeting may designate the school board to act as the agent of the district to superintend the construction of such schoolhouse; (5) that if no one is designated by the electors of the school district to superintend the construction of the school building directed to be built, then the school board of such district has authority to make con- tracts and superintend the erection of the school building ordered; (6) that the electors of a school district are not obliged to select the members of the school board as agents to superin- tend the construction of a building ordered to be built, but may select such persons as in their judgment, will best subserve the interests of the school district. 45 Neb., 239. Moneys derived from state funds and apportioned by county superintendent, can be legally used for no purpose except to pay teachers' wages. School officers who use any part of such funds for any other purpose become personally responsible to the district for the amount thus used, and are liable to be prosecuted for malfeasance in office. As regards money raised by district tax: (1) When the district has directed the manner in which this tax shall be ex- pended, the officers are bound to follow such direction. The fact that the district at a meet- ing voted a tax for a particular purpose is held to be "direction" as regards the money derived from that specific part of the tax. (2) When the district has not specified any particulars in voting the tax, nor directed the board in any manner as to the disbursements of the school funds, then the district officers may pay out the funds as called for, and at their discretion (except the state apportionment as mentioned above) . When money has been raised for build- ing purposes, or any other specific purpose, and has not been expended, the district at any meeting may transfer such money to any other fund. The building fund cannot be lagally transferred to the teachers' fund as long as there are debts due against the district for build- ing expenses. Funds derived from the state cannot be legally transferred from the teachers' fund in any manner whatever. CSee last part of section 1, subdivision XI, and last clause of section 5, article VIII, of the constitution). The directon spoken of in this section is general, and not special; it cannot descend to all the details'of school management. Cited 9 Neb., 331. 19 Id., 562. 32 Id., 354. Sec. 14. — (11545) — Length of term. — They shall also determine at each annual meeting the length of time a school shall be taught in the district the ensuing year, which shall not be less than three months by a legally qualified teacher in a district having less than twenty pupils of school age, nor less than six months in districts having between twenty and seventy-five pupils, inclusive, nor less than nine months in districts having more than 75 pupils. They may also determine and instruct the district officers as to the different length of the terms of school, and the seasons of the year in which the same shall be taught; and the district officers shall see that school is actually taught therein by a licensed teacher in conformity to such instructions and for not less than the length of time herein required. No district shall receive any portion of the state funds unless school shall have been actually taught therein for the length of time required by this act; Provided, That in case of epidemic sickness prevailing to such an extent that the school board in any district shall deem it advisable to close any or all schools within the district, or if on account of the destruction of the schoolhouse, it shall be impossible to con- tinue the school, such closing of school shall not prevent it from drawing its 36 NEBRASKA SCHOOL LAWS [Subdiv. 2 proper share of the state apportionment. Such sickness, or destruction of the schoolhouse, shall be sworn to by the district board, and the oath filed with the county superintendent within ten days after the annual school meet- ing. Provided further, That no district shall be deprived of its proportionate share of state school funds when it shall appear by the affidavit of the district board, to be made and filed, as aforesaid, that the district has in good faith raised and expended the maximum tax allowed by law and the funds so raised have been insufficient to maintain a school for the time herein provided. It is not within the axithority of the annual meeting to determine the wages to be paid to a teacher; the school board is the proper authority to fix the teachers' wages. Neither can the annual meeting determine whether the, teacher shall be male or female. The things mentioned in section 14 must be determined at the annual meeting, and if not then determined must be left to the board. The penalty which the law inflicts upon a district for not keeping up schools is the for- feiture of the next year's apportionment. The teacher's pay goes on while the school is closed by order of the board so long as he holds himself in readiness to go on with the school. It must be clear that in consequence of such epidemic (or destruction of house) no school could be taught, and that the failure was not caused by mere neglect. (Maxwell's Practice.) It is the duty of the county superintendent to see that no district in his county receives credit for school taught by one who does not hold a valid certificate. If a district, at the annual meeting, leave the length of the term of school to the dis- cretion of the school board, it can be compelled to make good the reasonable contracts entered into by the board. Sec. 14a. — (11549) — For the purpose of providing at least five months of school each year in the first eight grades for all the youth of this state whose parents or guardians live in public school districts whose funds are not sufficient to maintain school for at least five months, there shall be paid to each district by the state treasurer such an amount as is necessary to enable such district to maintain five months of school with a legally qualified teacher; Provided, That no state aid shall be given any public school district unless there has been levied, the maximum tax levy authorized by Section 11540 of Cobbey's Annotated Statutes of Nebraska for 1907, and until the accounts of such district are audited and approved by the county superintendent of the proper county. And provided further, That no district formed after the passage of this act containing less than twenty sections of land shall receive any aid under the provisions of this Act. And provided further, That where a district maintains more than one separate rural school there shall be paid to such district for each school maintained such amount as is necessary to enable the district to maintain five months of school with a legally qualified teacher in each such school; Provided, That no district maintaining more than one rural school shall receive a share of apportionment for any school main- tained in and for a division of territory less than 24 square miles. Funds derived from this appropriation can be applied only in payment of teachers' warrants. Sec. 14b. — (11550) — It shall be the duty of the county superintendent of the proper county on or before the second Monday in October of each year to certify, under oath, to the state superintendent of public instruction the number of districts entitled to state aid under the provisions of this Act, the amount each should receive and such other items as may be required by the state superintendent of public instruction. It shall be the duty of the state Subdiv. 2] DISTRICT MEETINGS 37 superintendent of public instruction on or before the last Monday in December of each year, to certify the amounts of state aid due the several districts under the provisions of this Act, to the several county superintendents and the amounts due the several counties to the state auditor, who shall draw warrants on the state treasurer in favor of the various counties for the sums so specified by the state superintendent of public instruction. The state treasurer shall remit said amounts to the county treasurer of the several counties who shall place it to the credit of the proper districts of their counties in accordance with the instructions of the state superintendent as certified to by the county superintendents thereof. Sec. 14c. — (11551.) — lor the purpose of carrying out the provisions of this act there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of seventy-five thousand dollars ($75,- 000.00). If the amount available is not sufficient to pay the full sum to* which each district is entitled under the provisions of this act, it shall be divided pro rata among the several school districts entitled thereto in propor- tion to the amounts asked for by the county superintendents. Sec. 14d. — (11551X1) — To determine the amount to be apportioned to each district, the county superintendent shall find the estimated expendi- tures of the district for the current year and subtract therefrom the estimated income of that district from all sources for the same year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus twenty-five mills times the assessed value, plus the estimated apportionment of state school funds. If said district will not receive any apportionment of money from the state school fund, then said apportionment shall not be considered in estimating the income for the current year. The estimated expenditures for the current year shall be the amount necessary to maintain school five months; said estimate not to exceed two hundred and seventy-five dollars ($275.00). [Amended 1909.] Sec. 15. — (11546) — Sale of district property. — Said qualified voters shall also, at any annual or special meeting, authorize and direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the school district when the same shall no longer be needed for the use of the district; and when real estate is sold the district may convey the same by deed, signed by the moderator of the district, and such deed, when acknowl- edged by such officer to be the act of the district, may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds. A school district board cannot legally sell a s^hoolhhouse or site without being directed to do so by the legal voters at a district meeting. When the district has so authorized them by a two-thirds vote it would seem proper for the board to advertise and sell the same to the highest bidder. Sec. 16. — (11547) — Prosecution and defense. — They may also give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any proceeding in which the district may be a party or interested. 38 NEBRASKA SCHOOL LAWS [Subdiv. 3 SUBDIVISION III.— DISTRICT OFFICERS. Section 1. — (11552) — Election of officers. — The qualified voters of every new district, when assembled pursuant to legal notice, and all existing dis- tricts at their annual meetings, shall elect by ballot, from the qualified voters of such district, a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices until their successors are elected or appointed and qualified; Provided, That officers of existing organized districts shall continue and discharge the duties of their several offices until the expiration of the same. One who is not a resident of a school district is not eligible to any district office therein. All the qualifications necessary for a school district officer is that he be a legal voter in the school district. In case a person assumes, under color of right, a school district office, and performs the duties of such office, being permitted by the district in the discharge of such duties, he is a de facto officer so long as he is permitted to act in that capacity, and his acts as such officer are binding upon the district. Section 1, subdivision 3, of the School Laws provides that school district officers shall be elected by ballot. However, in case, by the proper motion being carried, the secretary or clerk is instructed to cast the ballot of the meeting for an officer, it would be construed to be an election by ballot within the meaning of the section just referred to. A plurality vote elects, that is, the one receiving the highest number of votes cast is elected. The school law makes no provision for casting lots in case of a tie vote on member of a school board, and it is not a legal process of selecting: an officer. Another ballot should be taken. Where a district officer is elected by acclamation for the full term at the annual meet- ing and has performed the duties of his office for a time extending beyond the next annual election, he is entitled to the office the full term for which he was elected. District officers must be elected by ballot. No authority to adjourn annual meeting for the election of officers. 15 Neb., 444. Sec. 2. — (11553) — First year of term. — When a new district is organized and the officers elected at any other time than at the annual meeting, the time intervening between the date of such organization and the beginning of the next school year shall constitute the first year in the term of such officers. Sec. 3. — (11554) — Acceptance. — Within ten days after their election, these several officers shall file with the director a written acceptance of the offices to which they shall have been respectively elected, which shall be recorded by said director. In a primary (common) school district the failure of an officer-elect to file his accept- ance within ten days after the annual meeting does not forfeit his office. His entrance upon the discharge of the duties of the office is sufficient. The filing of a bond by the treasurer- elect is held to be sufficient acceptance. It is not necessary that the director of a primary (common) school district take the oath of office. His filing an acceptance and assuming the duties of the office are all the necessary steps. When a person elected to a school district fails to qualify, the old officer holds over till his successor is elected or appointed and qualified, unless the old officer holds his office by appointment. In such case there is a vacancy and the vacancy may be filled by appoint- ment of the board, or at an election at a special meeting called for that purpose. When a district voter is legally elected at an annual meeting to a school district office, and files his acceptance within ten days after such election, he is entitled to possession of the books and papers belonging to su-h office on the second Monday of July following his election; and any dispute that may arise between him and his predecessor is no ground for the remain ing members of the board to declare the office vacant. It is the duty of the outgoing officer to turn over to his successor the official papers, records, etc., pertaining to his office. The newly elected director should file his acceptance with his predecessor, or, if he had none, it should be written out arid kept with the papers in his office. An officer elected or appointed should not fail to file a written acceptance with the Subdiv. 3] DISTRICT OFFICERS 39 director; a verbal acceptance is not enough, but it is heid that the entrance upon and the dis- charge of the duties of the office is a sufficient acceptance. The filing of his bond by the treas urer-elect is held to be the same in effect as a formal written acceptance. See 30 Neb., 360. Sec. 4. — (11555) — Organization. — Every such school district shall be deemed duly organized when any two of the officers, elected at the first meet- ing, shall have filed their acceptance as aforesaid. In organizing a new district, great care should be taken to have all the steps legal, and to preserve full, clear, and accurate record of all the proceedings, since, during the first year after the district is organized, any charge of illegality in its formation must be met by refer- ence to the records of its organization, and by section 8, subdivision 1, such records are made prima facie evidence of the facts therein set forth. But after a district has been transacting regular business for a year, according to section 8, subdivision III, it is then held to be a legal district. Sec. 5. — (11556) — New notice. — In case the inhabitants of any district shall fail to organize the same, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner hereinbefore provided, and the same proceeding shall be had thereon as if no previous notice had been delivered. Sec. 6. — (11557) — Appointment by county superintendent. — In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, it shall be the duty of the county superintendent of the county in which such district is situated to appoint the officers of such district from the legal voters thereof, which officers thus appointed shall severally file with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director. Where a tie vote occurs in the election of a school district officer, it is not within the province of the county superintendent to appoint an officer. An outgoing officer is not competent to assist in appointing his successor, If a vacancy exists in the office the old officer is no longer competent to act on behalf of the district, and such vacancy can be filled by appointment or election. Sec. 7. — (11558) — Organization. — Every such school district shall be deemed duly organized whenever any two of the officers thus appointed shall have filed their acceptance as aforesaid, and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law. Sec. 8. — (11559) — Presumption of legal organization. — Every school dis- trict shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year. Cited 42 Neb., 499. • "' Sec. 9. — (11560) — Term of office. — District officers appointed to fill vacancies shall hold their office until the beginning of the next school year. Officers elected at a special meeting shall serve for the remainder of the un- expired term, and until their successors are elected and qualified. Sec. 10. — (11561) — Officer as teacher. — No person holding a school dis- trict office shall be employed to teach in the district of which he is an officer, unless upon a petition signed by two-thirds of the legal voters of the district, 40 NEBRASKA SCHOOL LAWS [Subdiv. 4 which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board. Sec. 11. — (11562) — Refusal to sign or pay orders. — Whenever a director or moderator refuses to sign orders on the treasurer, or the treasurer thinks it best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adjudication to the county superintendent, who shall proceed at once to investigate the matter, and if he finds that the officer complained of refuses through contumacy or for insufficient reasons, it shall be the duty of the superintendent, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. This, however, will not prevent a party in a proper case from bringing an action in his own name. Cited 19 Neb., 565; 32 Id., 354; 35 Id., 655. SUBDIVISION IV.— DISTRICT OFFICERS, POWERS AND DUTIES. Section 1. — (1 1563)— Moderator, duties of.— The moderator shall have power, and it shall be his duty to preside at all meetings of the district, to countersign all orders upon the treasurer for money to be disbursed by the district and all warrants of the director on the county treasury for moneys raised for district purposes or apportioned to the district by the county super- intendent, to administer the oath to the director and treasurer of the district of which he is moderator when such an oath shall be required by law in the transaction of the business of the district, and to perform such other duties as may be required of him by law. If the moderator be absent from any dis- trict meeting the qualified voters present may elect a suitable person to pre- side at the meeting. [Amended 1909.] The moderator has a right to vote at school district meetings on all questions pertain- ing to school matters. In case of a tie vote, however, he could not cast a second vote to break the tie. A moderator of a school district is not required to take an oath of office. 30 Neb., 360. When a person elected to the office of moderator of a school district fails to file with the director of the district his written acceptance of the office, but immediately after his elec- tion enters upon the discharge of his official duties, by presiding at school district meetings, countersigning si-hool orders and performing all other duties required by law of such officer, without objection from anyone, for more than a year,- held, that the failure to file a written ac- ceptance did not forfiet his title to the office. 30 Neb., 360. One B., moderator of a school distri t, refused to sign a report to the county clerk of the lawful taxes voted by his distric t at the annual meeting. Held, that it being a duty en- joined by law, he would be compelled by mandamus to sign the .same. 11 Neb., 359. A moderator refused to sign an order properly drawn upon the treasurer and the mat- ter was submitted for adjudication to the county superintendent, who, after investigation, found that the officer refused to sign the oMer for insufficient reasons. Held, that under the statute the county superintendent. had the right, on behalf of the district to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. 35 Neb., 655. When the moderator refuses to sign orders legally issued by the director, he can be com pelled to do so by mandamus. (See section 11, subdivision III.) When the moderator is absent from a district meeting, one should be appointed. The director is clerk of the meeting, and has no right to preside in the absence of the moderator. Sec. 2. — (11564) — Arrest of disorderly person. — If at any district meeting any person shall conduct himself or herself in a disorderly manner, and after notice of the moderator or person presiding, shall persist therein, the modera- Subdiv. 4] DISTRICT OFFICERS— POWERS AND DUTIES 41 tor or person presiding may order him or her to withdraw from the meeting, and on his or her refusal, may order any constable, or any other person or persons to take him or her into custody until the meeting shall be adjourned. Sec. 3. — (11565) — Fine for disturbing meeting. — Any person or persons who shall refuse to withdraw from such meeting on being so ordered as pro- vided in the preceding section or who shall wilfully disturb such meeting shall, on conviction thereof, be fined in a sum not exceeding twenty dollars, which fine shall be paid into the school fund of the district. For penalty for disturbing any school, society, or meeting convened for improvement in music, letters, or for social improvement, see Criminal Code, Annotated Statutes. Sec. 4. — (11566) — Bond of treasurer. — The treasurer of each district shall within ten days after the election, execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money as near .as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties, to be approved by the director and moderator, conditioned for the faithful dis- charge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond, his office shall be declared vacant by the district board and the board shall im- mediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office. In case a district treasurer-elect fails to file a bond within the prescribed time, the old treasurer holds over, if elected to the office; and he has twenty days after the annual meet- ing in which to file a new bond. Moneys in the treasury must be used for the purpose of paying outstanding warrants, and the treasurer is liable under his bond if he uses money for any other purpose as long as there are warrants outstanding against the fund. The director and moderator should not become surety upon the treasurer's bond for the reason that they are the officers whose duty it is to approve such boad; but after having signed the bond they would be estonped from denying the validity of the same, and would doubtless be held liable thereon in the event of the defalcation of the treasurer. It is not within the power of the treasurer of a s -hool distri >t by a general deposit of funds held by virtue of his ofiVe to < reate between su<"h district and his banker the rela- tion of debtor and creditor. A banker by receiving on deposit from a s hool district treasurer funds known to be held by the latter in his official capacity becomes thereby a trustee for the beneficial owner with respect to such funds, and the same may, unon his insolven-y, be re covered by the owner as a preferred claim against his estate. 52 Neb., 1. The other members of the board should not be sureties on the treasurer's boad. The treasurer should not be allowed to draw money from the county treasury until his bond has been filed and approved; and the individual members of the board authorizing such draft, in the absence of the necessary bond, would be liable to the district for any loss resulting therefrom. A school treasurer may hold other offices, county or precin t. When a board allows a treasurer, whose bond has not been approved, to handle public funds, the members of the board become individually liable for any loss that may occur. District treasurers are reminded that to use or lend any part of the public money in their hands is an offense which; if proven against them, renders them liable to fine and imprisonment. (See Annotated Statutes.) The treasurer must file his bond with the director, and the dire"tor must file it with the countv clerk. The director should keep a record of both filings. A district treasurer elected to suc- ceed himself must file a new bond. 52 Neb., 1. Sec. 5.— 7(11567) — Receipt and disbursement. — It shall be the duty of the treasurer of each district to apply for and receive from the county treas- urer all school moneys apportioned to the district or collected for the same by said county treasurer, upon order of the director, countersigned by the moder- ator, and to pay over on the order of the director, countersigned by the moder- ator of such district, all moneys received by him. 42 NEBRASKA SCHOOL LAWS [Subdiv. 4 The statute as well as the supreme court recognizes the district treasurer as the legal and proper custodian of the funds for his district, provided, of course, the said treasurer has furnished bonds as provided in sections 4 and 8, subdivision 4, School Laws. A district treas- urer who has complied with these provisions could apply to the district court for a writ of mandamus to compel director and moderator to issue warrants on the county treasurer in his behalf for the funds belonging to his district. The law does not contemplate that the treasurer shall pay any bills out of moneys be jonging to the district except through the regular channels: viz., on orders drawn by th? direc- tor and countersigned by the moderator. If the treasurer refuse contumacy or for insufficient reasons to pay the orders legally drawn upon the district, it shall be the duty of the county superintendent on behalf of the district to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. A writ of mandamus cannot issue to the treasurer of a school district requiring the pay- ment by him of an order payable by its terms at a fixed time in the future and in the meantime drawing interest at arate per centum defined by the terms of the order itself. 39 Neb., 570. It is not within the authority of the voters at the annual meeting to release a treasurer from being responsible for moneys paid out illegally or lost by him. This money may be drawn from the ( ounty treasury at any time. It is the right and duty of the district treasurer to draw and hold funds collected by the county treasurer to the credit of the district. 22 Neb., 52. School district funds can be paid out legally only on the order of the director, coun- tersigned by the moderator. The county treasurer has no right to receive orders drawn by the direr tor in favor of any one but the distru t treasurer, who is the only person authorized to receive distri< t money from the county treasurer, and he should pay no order until countersigned by the moderator. 11 Neb., 283. A school district has no authority to release its treasurer from liability for money lost or misapplied by him. 10 Neb., 296. Cited 19 Id., 494, 565. Sec. 6. — (11568) — Treasurer's recorJ. — The treasurer shall keep a book furnished by the district, in which he shall enter all the moneys received and disbursed by him, specifying particularly the source from which money has been received, and to what fund it belongs, and the person or persons to whom, and the object for which the same has been paid out. He shall pre- sent to the district, at each annual meeting, a report in writing, containing a statement of all moneys received by him during the preceding year and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, and at the close of the term of his office shall settle with the district board, and shall hand over to his successor said books and all receipts, vouchers, orders, and papers coming into his hands as treas- urer of the district, together with all moneys remaining in his hands as such treasurer. The district treasurer should settle with the district at the annual meeting, and the terms and items of this settlement should be recorded in full. Sec. 7. — (11569) — Treasurer, appear for district. — It shall also be the duty of the treasurer to appear for and on behalf of the district in all suits brought by or against the same, whenever no other directions shall be given by the qualified voters in the district meeting, except in suits in which he is interested adversely to the district; and in all such cases the director shall appear for such district, if no other directions shall be given as aforesaid. Action on a demand balonging to the district must be brought in the name of the dis- trict. 11 Neb., 283. When the action is not brought by the treasurer the petition should state the cause. 10 Neb., 268. Cited 12 Id., 241. Sec. 8. — (11570) — Insufficient bend. — Whenever by the failure of his sureties, or otherwise, the official bond of the district treasurer becomes, in the opinion of the other members of the board, insufficient to protect the district Subdiv. 4] DISTRICT OFFICERS— POWERS AND DUTIES 43 from loss, it shall be the duty of the director and moderator to demand addi- tional'security or a new bond of the treasurer. If the treasurer refuse or neg- lect to procure a satisfactory bond and present it to the other members for approval within ten days after said demand, the said moderator and director may declare his office vacant, arid proceed to call a district meeting to elect a new treasurer to fill the unexpired term; Provided, That nothing in this section shall be construed to interfere with the liabilities of principals and sureties in such bond or the rights of sureties as defined by law regulating official bonds. The duties devolved upon the members of the school district board, or upon the moder- ator and director, by section 11570, Cobbey's Annotated Statutes, can only be performed by those two officers acting in conjunction. Any attempt on the part of either of them to per- form such duties alone and without the joint action of the other, is ineffective and void 22 Neb., 48. Collection of taxes for payment of loss of fund? in insolvent bank. 51 Neb., 762. Sec. 9. — (11571) — Director, clerk. — The director shall be clerk of the district board and of all district meetings when present, but if he shall not be present, the qualified voters may appoint a clerk for the time being, who shall certify the proceedings to the director to be recorded by him. Sec. 10. — (11572) — Director's record. — The director shall record all pro- ceedings of the district in a book furnished by the district, to be kept for that purpose, and preserve copies of all reports made to the county superin- tendent, and safely preserve and keep all books and papers belonging to his office. It is to this record alone that resort must be had to ascertain what the district has done, what taxes it has voted, etc. 4 Neb., 307. Sec. 11. — (11573) — Teachers' contract. — The director, with the consent and advice of the moderator and treasurer, or one of them, or under their direction, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall have the consent of the moderator and treasurer, or one of them, en- dorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate thereof shall be filed in his office; Provided, That if the director shall refuse to make and sign such con- tract, when directed so to do by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent at the time the contract is made, of the length of the proposed term of school, when the school will begin and of the name of the teacher. And no money belonging to the district shall be paid for teaching to any but legally qualified teachers. Provided further, That a contract made before the annual meeting, in order to be legal, must be signed by two members whose terms of office do not expire with the school year in which such contract is made. Provided further, That no such contract with a teacher shall be valid unless agreed to either by all the members of the district board or by two members of such board who are not related to the fourth degree to the said teacher and whose terms of office extend beyond the date of the term of school contracted for. 44 NEBRASKA SCHOOL LAWS [Subdiv. 4 *(a) It is the duty of the director to contract with the teacher when so authorized by the moderator and treasurer, but should he refuse to make such contract, then it would be within the authority of the moderator and treasurer to make the contract. The moderator and treasurer have no authority to make such contract until they have given the director an opportunity to make it. The director of a school district cannot lagelly delegate to his wife, or to any other per- son, the power to act in his stead in contracting with a teacher. However, if such director should, in concurrence with one or more members of the district board, employ a teacher and agree upon the terms of the contract, he might instruct his wife, or other third person to draw up the instrument in accordance with such agreement and sign his name thereto; then it would be his contract. The statute specially authorizes the director of a school district to employ teachers either with the assent of the moderator and treasurer, or one of them, or by their direction if if he shall not concur. A contract with a teacher, therefore, entered into on behalf of the dis trict by the director and treasurer, without the assent of, or notice to the moderator is valid. (Russel vs. State, ex rel, Armour, 13 Neb., 68, 12 N. W., 829.) Citations. — Martin vs. State, 23 Neb.. 384, 36 N. W., 554; Montgomery vs. State, 35 Neb., 659. 53 N. W., 568; State vs. Smith, 57 Neb., 48. 77 N. W., 384. "No contract with a teacher shall be valid unless agreed to either by all the members of the district board or by two members of suoh board who are not related to the fourth de- gree to such teacher and whose terms of office extend beyond the date of the term of st-hool contracted for." In regard to a relative hiring a relative, the law applies to questions of con- sanguinity, and not to marital relationship. The director and one other member of the board may contract with a teacher without notifying the third member, but a contract made by the other members of the board without first giving the director an opportunity to make the contract would be void. They may make a valid contract, however, if the dire tor refuses to do so. The district, at the annual meeting, may determine whether a summer or winter school shall be taught (see section 14, subdivision II), but it is the business of the board to choose the teacher, and the director should make the formal contract with the person so chosen. If the director refuses to make the contract it may be made by the other two members of the board. A school board may direct the school to be closed on Thanksgiving, the Fourth of July, or similar occasions, and not require the teacher to make up the time. The school board is the proper party to fix the wages of teachers — the district meeting cannot do it. Unless a teacher agrees on his contract to build fires and sweep the schoolhouse, he can- not be compelled to do so. A district board cannot make a legal contract — one that will bind the district — with a teacher who does not hold a valid certificate, and members of the board will be personally liable to the district for money paid to a teacher who is not legally qualified. 13 Neb., 52. A teacher is legally qualified to teach in a joint district, who holds a certificate from the superintendent of either county in which such district lies. If the contract is signed by one who is a director de facto jt will bind the district. 9 Neb., 56. Contract by director and treasurer valid. 13 Neb., 69. 35 Id., 655. Breach of contract. 31 Neb., 501. t (b) The contract between the school board and a teacher is a mutual obligation, equally binding upon both parties. Neither party can with impunity rescind such contract and either party violating the provisions of such contract would be answerable in damages to the aggrieved party. It requires a majority of the board to legally accept a teacher's resig nation. In order to be legal and binding upon the district, it is not necessary that a contract be in writing. If not in writing its existence must be fully proven. If it can be proven that a teacher was elected by the board, that he was notified of such election and clearly indicated his acceptance of it, the contract is binding whether made out in writing and signed by all parties concerned or not. In the absence of a written contract the minutes of the director or secretary of the board would show the time for which a teacher was elected. In case a teacher breaks a contract made between herself and a school district board, the board has a right of action on the original contract, and may maintain: (1) A suit to ob- tain damages for the loss sustained by the breach; (2) a suit to obtain specific performance of the contract by the other party. Or, if the court were to find it difficult to assess the dam- ages, or should fail to enforce a specific performance because it cannot supervise or insure its execution, they could, by injunction, enforce the promise not to teach elsewhere during the time covered by the injunction. See Clark on Contracts, 702. Members of the school board have a perfect right to see the teachers' certificate. In fact, it is a duty incumbent upon them to satisfy themselves that the teacher is a legally quali- fied teacher. The certificate is the proper evidence. The school board has the right to discharge a teacher for cause, and after such dis- charge the teacher has no right to continue the school, even if the cause be thought insuffi- cient. The only course then open to the teacher is an action for damages. Whether the teacher could draw pay for the full time of the contract, would be a question to be deter- mined by process of law. *Decisions which apply only to rural and village schools. tDecisions which apply to all school districts, Subdiv. 4] DISTRICT OFFICERS— POWERS AND DUTIES 45 If it is a physical impossibility for the school district board to furnish a house in which the school may be taught, the teacher could not draw pay during the time school is closed on account of the burning of the schoolhouse. If it is possible for the board to provide a house in which the school may be taught, the teacher's pay will continue during the time school is closed on account of the burning of the schoolhouse. It might be well, however, for the teacher and board to compromise under such circumstances. So far as schools are concerned, the statutes of Nebraska make no provisions for legal holi- days. A teacher, in the absence of any provision upon the matter in his contract, would have no authority to close school upon the so-called holidays, without being legally required to make up the time so lost to the district. However, a district board has authority to make pro vision for closing school upon such days, and in case the board directs that school be closed upon any specified day, the teacher would legally draw pay for such time. A teacher may make up lost time by teaching on Saturdays only by permission of the board. When the school is closed for a few days in order to repair damages done to the build- ing by a storm, the teacher is not bound legally to make up the time so lost, providing he hold himself in readiness to continue the school during the time school was closed by order of the board. • When a teacher is employed for a definite time and during the period of his employ- ment the district officers close the school on account of the prevalence of an epidemic disease in the district and the teacher continues ready to perform his contract, he is entitled to full wages during such period, provided there is nothing in the contract to the contrary. Accord- ing to a recent decision of the supreme court a teacher cannot collect pay on such a contract when school is closed by order of the board of health. Sec. 12. — (11574) — Census. — Within ten days previous to the annual district meeting, the director shall take the census of his district, and make a list in writing of the names of all the children belonging thereto, between the ages of five and twenty-one years, together with the names of all the tax- payers in the district. In case of the absence or inability of the director, such census shall be taken by the moderator or treasurer or such person as they may appoint, and a copy of such list, verified by the oath of the person taking such census, by affidavit appended to or endorsed thereon, setting forth that it is a correct list of the names of all children belonging to the district between the ages of five and twenty-one years, and that it was taken within ten days preceding the annual meeting, shall be returned with the annual report of the director to the county superintendent; Provided, That in cities of the first and second class, thirty (30) days shall be allowed for taking said census, said census to be completed before July 1. The census can be legally taken at no other time than this. No special census report can be called for. Marriage will not exclude from the census list persons otherwise entitled to be enumer- ated. No stated length of time is required that children must live in a district before they are counted in the census. Children brought into a district within the ten days during which the census can be taken, if already counted in the district from which they came, should be listed in the district to which they have come, and stricken from the other. The home of a child is usually with its parents or guardians, but may be elsewhere. A child of school age who, bona fide, resides in a district for other than school purposes is enti- tled to school privileges, and its name should be included in the school census. Sec. 13. — (11575) — Supplies, repairs. — The director shall, with the con- currence of the moderator and treasurer, or either of them, provide the necessary appendages for the schoolhouse, and keep the same in good con- dition and repair during the time school shall be taught in said schoolhouse, and shall keep an accurate account of all expenses incurred by him as direc- tor. Such account shall be audited by the moderator and treasurer, and on their written order shall be paid out of the general school fund. Section 13, subdivision 5, of School Laws, provides that no school officer shall be a party to any school contract for building or furnishing supplies except in his official capacity as a member of the board. This, of course, does not apply to supplies furnished in any other man- ner than under contact. Section 13, subdivision 4, expressly states that the director shall with the concurrence of the other members of the board, provide the necessary appendages for 46 NEBRASKA SCHOOL LAWS [Subdiv. 4 the schoolhouse and keep an account of all expenses incurred by him as director. This section clearly implies the duty of the director to provide all necessary supplies in such a man- ner as he sees fit when not otherwise directed by the board. His account must be audited by the board; and if any items are found incorrect or any charges exorbitant, corrections can be made at any time. There is no law compelling a moderator to sign a contract for supplies. His signature is not necessary to the validity of the contract, but if the contract was made at a meeting of which he had no notice, the contract itself is called in question. It has been decided that such contract is illegal. A contract with a teacher is an exception to this rule. A bill against a school district should be made out in due form, itemized, and presented to the board for their consideration. Action should be taken thereon and the warrant issued in accordance with such action. The director should be justified in demanding an itemized statement. He is responsible for drawing orders on the district and should know definitely for what purpose the monev of the district is used, so that he may be able to report to the voters at the annual meeting. The director must also make out an itemized statement of every bill he presents for expenses incurred by him in his official capacity. A member of the committee on purchase and supplies shall not be a party to furnish supplies to the district, except in his official capacity as a member of the board. See section l3, subdivision 5, School Laws. The director of a school district, with the consent of the moderator, may contract for repairs on a schoolhouse of the district during vacation. 67 Neb., 365. The amount of money to be used in the repair of the schoolhouse is in the discretion of the board to determine. 67 Neb., 635. Sec. 14. — (11576) — Estimate of expenditures. — He shall present at each annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes, and for the payment of the services of any school district officer; but no tax for these purposes shall be voted at any special meeting. He shall also present to the annual meeting a statement of all orders drawn on the county treasurer, and the amount of each, and of all orders on the district treasurer, and the amount of each, for what purpose and to whom given. Before adjournment of each annual meeting the director shall read the" minutes of the meeting and have the same corrected and approved by a majority vote of said meeting. In order legally to pay the school district officers a salary, it is necessary that provi- sions for such payment be made at the annual district meeting; but it is not within the author- ity of the annual meeting to make provision for the payment of such salary for more than the ensuing year, Sec. 15. — (11577) — Notice of district meeting. — He shall give the pre- scribed notice of the annual district meetings, and all such special meetings as he shall be required to give notice of, in accordance with the provisions of this chapter, one copy of which for each meeting shall be posted on the outer door of the schoolhouse, if there be one. Sec. 16 — (11578) — District orders. — He shall draw and sign all orders upon the treasurer for all moneys to be disbursed by the district, and all warrants upon the county treasurer for moneys raised for district purposes, or apportioned to the district by the county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be issued until so countersigned. No warrant shall be countersigned by the moderator until the amount for which the warrant is drawn is written upon its face. The moderator shall keep a record, in a book furnished by the dis- trict, of the amount, date, purpose for which drawn, and name of person to whom issued, of each warrant countersigned by him. It is the duty of the district director to issue orders upon the county treasurer in favor of the district treasurer for money on hand in the county treasury, in order that the district indebtedness and current expenses may be properly paid. In case the director refuses without sufficient reason to issue such orders upon the county treasurer, he may be compelled to do so by mandamus proceedings in the district court. See 22 Neb., 52. Subdiv. 4] DISTRICT OFFICERS— POWERS AND DUTIES 47 School district orders are subject to same defense against a bona fide holder for value as against the payee. 4 Neb., 359. Cited 19 Id., 564. 32 Id., 370. A writ of mandamus cannot issue to the treasurer of a school district requiring payment by him of an order payable by its terms at a fixed time in the future and in the meantime drawing interest at a rate per centum defined by the terms of the order itself. 39 Id., 570. Moderator must countersign all proper orders. 35 Neb., 655. The school board has no authority to draw and accept orders on a fund which the dis- tict has proposed, but not yet raised. 4 Neb., 360. Sec. 17. — (11579) — Report of census. — The director shall, within ten days after the annual district meeting, deliver to the county superintendent, to be filed in his office, a report under oath, showing the whole number of children belonging to the district between the ages of five and twenty-one years according to the census taken aforesaid; and any district board neglect- ing to take the enumeration and make a return of the same shall be liable to said district for all school moneys which such district may lose by such neglect. Within ten days after the annual district meeting, the director shall report to the county superintendent, to be filed in his office a report under oath, showing: 1st. The number attending school during the year under five, and also the number over twenty-one years of age. 2d. The whole number that have attended school during the year. 3d. The whole number in the district between the ages of eight (seven) and fourteen (fifteen) years, inclusive. 4th. The whole number in the district between the ages of eight (seven) and fourteen (fifteen) years inclusive, that have attended school not less than twelve weeks during the school year. 5th. The length of time the school has been taught during the year by a qualified teacher, the length of time taught by each teacher, and the wages paid to each. 6th. The total number of days all scholars between the ages of five and twenty-one years have attended school during the year. 7th. The amount of money received from the county treasurer during the year, and the amount of money expended by the district during the year. 8th. The number of mills levied for all school purposes. 9th. The kind of books used in the school. 10th. Number of children to whom text-books are furnished, and kind of books. llth. The amount of bonded indebtedness. 12th. Such other facts and statistics as the superintendent shall direct. The penalty incurred by a failure to report correctly the items in the first paragraph of this section applies equally to the others. Should the director not send in a complete report, it is the duty of the county superintendent to return it for correction. The report must be made under oath. See section 10, subdivision 11. Sec. 18. — (11580) — County superintendent administer oaths. — For the purpose of attesting school reports and other purposes connected with the administration of the school law, county superintendents are hereby author- ized to administer the required oaths. Sec. 19. — (11581) — Statement of assessed valuation. — It shall be the duty of the director to furnish, for the use of the annual meeting of each year, a 48 NEBRASKA SCHOOL LAWS [Subdiv. 5 statement of the aggregate assessed valuation of all property in the district, and the amount of taxes, as near as may be, that will be collected for the use of the district. SUBDIVISION V.— DISTRICT BOARD, POWERS AND DUTIES. Section 1. — (11582) — District board — Quorum, meeting. — The moder- ator, director, and treasurer shall constitute the district board, and in all meetings of the board two members shall constitute a quorum for the tran- saction of business. Meetings of the board may be called upon the agreement of two members, but all members shall have notice of the time and place of meeting. A contract entered into and signed by persons styling themselves as director and mod- erator of a school district is their individual contract and not binding on the district/ 4 Neb., 254. The action of a majority of the board will not bind the district without notice to or par- ticipation therein of the other members. Id. A contract with a teacher is an exception to this rule. 13 Neb., 69. 35 Id., 655. Sec. 2. — (11583) — Report of taxes voted. — Immediately after the annual district meeting, and not later than the first Monday in July, said board shall make and deliver to the county superintendent, and also to the county clerk of each county in which any part of the district is situated, reports in writing under their hands, of all taxes voted by the district during the current school year, to be levied on the taxable property of the district, and to be collected by the county treasurer at the same time, and in the same manner as the state and county taxes are collected; and when collected, to be paid over to the treasurer of the proper district on the order of the director, countersigned by the moderator of said district. It shall be the duty of the county clerk to levy such taxes, if voted according to law. Taxes were voted by a district while comprising three townships. Before the levy 2$ townships were detached. Held, Taxes should be levied on the district as it existed at the time of the levy. 9 Neb., 336. But where such taxes were leyed in the district as it existed at the time they were voted and collected from property therein; held, that the new district could recover from the old the amount collected in its territory. Id. When a district board refuses to act, it may be compelled to perform its lawful duties by a writ of mandamus. 11 Neb., 359. Sec. 3. — (11584) — General care of school. — The district boards shall have the general care of the schools, and shall have the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the school boards of any county shall establish by the consent and advice of the county superintendent thereof, and the school board of each district shall cause a record of the ad- vancement in each branch of study of all the pupils to be kept in a book to be provided for this purpose; and it is hereby made the duty of each district board, or of one of their number empowered by the board, to attend all meet- ings called by the county superintendent for the purpose of adopting or revising a course of study for the advancement of district schools, of making rules and regulations as they may think necessary for the government and Subdiv. 5] DISTRICT BOARD— POWERS AND DUTIES 49 health of the pupils, and of devising such means as may seem best to secure regular attendance and progress of children at school. *(a) If it is the wish of a large majority of the patrons of the district that a foreign lan- guage be taught, the board would have authority to allow this to be a part of the course of study. A foreign language should not be used as the medium of instruction in other branches, but may be studied simply as a language. The parent has a right to make a reasonable selection of the studies he desires his child to pursue from the course prescribed by the district baard: and this selection must be respected by the trustees, as the right of the parent in this regard is superior to that of the trustees and the teacher. 31 Neb., 552. t(b) Our statutes confer upon the school board the power "to make such rules and regulations as they may think necessary for the government of the scholars." This grant of authority includes the right to require excuses for absence and tardiness. It ought to be re- membered, however, that very much depends upon the manner of enforcement of such a rule. A regulation harmless and proper in itself might be enforced in such a way as to render it exceed- ingly obnoxious and almost unendurable to parents and pupils. If a certain rule is benefi- cial to the school, it ought not to be difficult to convince parents of its usefulness; for certainly no one is more interested in the welfare of the school than the parents who entrust their chil- dren to its instruction and discipline. Attendance rules should be enforced with the greatest courtesy and consideration, and they will encounter no serious opposition from the parents for the benefit of whose children they are intended. It seems quite reasonable that, after the last primary class is once fairly started, no pupils should be permitted to enter the school unless they can pursue the studies of some class already formed; otherwise the one or two who enter later will require as much time and attention from the teacher as would an entire class. As a rule, pupils who are too young to enter the lowest exist- ing class will lose very little by waiting until the beginning of the next term. In fact, in most cases, it would be better for them to do so. Such a regulation seems, therefore, to be proper and reasonable and within the power of the district board; and to secure the sympathy and co-operation of the people, it ought to meet with no resistance. The school trustees have authority to classify and grade the scholars in the district and cause them to be taught in such departments as they may deem expedient; they may also pre- scribe the courses of study and text books for the use of the school, and such reasonable rules and regulations as they may think needful. They may also require prompt attandence, re- spectful deportment and diligence in study. The parent, however, has a right to make a reas- onable selection from the prescribed courses of study for his child to pursue, and this selection must be respected by the trustees, as the right of the parent in that regard is superior to that of the trustees and the teacher. 31 Neb., 552: The district school board is specially invested by the statutes with the general care and management of the school and the employment of teachers; and, as an incident to these powers, has a right to discharge a teacher for incompetency, or for any other sufficient cause, at the will and pleasure of a majority of its members. Maxwell J., dissenting. (Bays vs. State, 6 Neb., 167.) The board may discharge a teacher who, for any cause, is found incompetent. 6 Neb., 173. Cited 31 Id., 552. There is no express statute in this state making vaccination compulsory or imposing it as a condition upon the privilege of attending our public schools, neither have we a supreme court decision bearing upon this particular point. Our supreme court has decided, however, that a school board has the power to adopt and enforce appropriate and reasonable rules and regulations for the government and management of the school under its control. The ques- tion of the right of a school board to exclude pupils from school if they are not vaccinated has been passed upon by the supreme court of Michigan. The decision rendered is to the effect that a standing rule prohibiting unvaccinated pupils from attending school could not be estab- lished, though temporarily during an epidemic the board may exclude persons who have not been vaccinated. The supreme court of Indiana has held that a local board of health has power to require that no unvaccinated child be allowed to attend the public school during the continuance of a threatened smallpox epidemic. Under the existing statutes of Nebraska and in the light of these supreme court deci- sions, it is the ruling of this department that a standing rule prohibiting unvaccinated pupils from attending school could not be enforced, though temporarily during an epidemic of smallpox, the board may exclude persons who have not been vaccinated. Sec. 4. — (11585) — Non-resident pupils. — Said board may also admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same in advance, but no tuition shall be charged such children as are or may be by law allowed to attend such school without charge. Under the statutes of Nebraska (section 3, 678 C. S., 1905), the minority of a femaia child ends at the age of eighteen years. Where a woman between eighteen and twenty-one •Decisions which apply only to rural and village schools, t Decisions which apply to all school districts. 33:3.^ 50 NEBRASKA SCHOOL LAWS [Subdiv. 5 years of age elects in good faith to make her residence in a certain school district, and does actu- ally reside therein, she has the right to free school privileges in said district. Children of school age are entitled to free school privileges only in the district in which their parents, or the ones standing; in the relation of parents, or legal guardians make their legal residence. To be a legal guardian one must have been so recognized by a court of proper jurisdiction, with such guardianship made a matter of record by the court. The supreme court has decided that: The father of a child of school age, or one stand- ing in loco parentis to the child, may maintain an action to compel the directors of a school district to allow the child to attend school in the district where the child is a bona fide resident. Where a child of school age is wrongfully denied admission to the public school of a district, an injunction may properly issue to restrain the directors of a school from interfering with his attendance. Commissioners' Opinion, Department No. 3, Nebraska Reports (Herdman,) Vol. II., 1901-1902, pages 238-242. The court in expounding this ruling said: "Where a child with the consent of his parents eoes to live in the family of another as a member of the family and under an agreement that that is to be his home, and that he is to becared for and provided with school facilities, he becomes a bona fide resident of the district where living, and the person with whom he resides occupies the jalation of a parent, stands in loco parentis, and may demand for him every right to which his own son is entitled." A person who graduates from the public schools of Nebraska does not lose his privilege of attending school by reason of his graduation. He has a right to continue the same studies in the same s hool and will have the same privileges as the school guarantees to other pupils in the matter of text books, etc., providing no separate classes are required for his instruction. The residence of a pupil is usually with his parents, if living, but may be elsewhere. Children sent into the district just to board and attend sc-hool are not residents.' Sec. 4a. — (11823) — Attendance at a nearer school. — When children of school age reside with their parents or guardians more than one and one-half miles from the schoolhouse in their own district, and at least one-half mile nearer to the schoolhouse in an adjoining district, said distances to be measure^ by the shortest route possible upon section lines or traveled roads open to the public, such children may have school privileges in the said adjoining dis- trict instead of in the district of their residence, under the following condi- tions, to wit: The parent or guardian of such children shall, at or before each annual meeting, notify the county superintendent of each district affected, using such form of notice as the state superintendent shall prescribe, which notice shall state the distance as herein provided and shall be attested by the signature of a legal voter and taxpayer of the district in which said children or wards reside, and the signature of a majority of the members of the school board of the district in which said children or wards desire school privileges, in addition to the signature of such parent or guardian; and said county superintendent shall notify the director of each district to transfer such per- son, together with such children or wards, to said adjoining district for school purposes for the year next ensuing, and it shall be the duty of said county superintendent to see that the said children or wards are enumerated in the said adjoining district and not in the district of their residence. The county superintendent shall notify the county clerk of the said transfer, and the said county clerk shall be empowered, and it is hereby made his duty, to place the school taxes, except for the payment of existing bonds or interest on the same, of the said parents or guardians and of the real estate on which they reside, not exceeding a quarter section of land, for the year next ensuing, in the said adjoining district instead of in the district of their residence, basing such school taxation upon the levy for school purposes in said adjoining dis- trict, and the assessed valuation of the property of such parents or guardians and said real estate as determined by the proper officers, and the said taxes shall be collected as provided by law for other taxes; Provided, That when such transfer shall have been made, such children continue to have school privileges in said adjoining district until their parents or guardians shall, in Subdiv. 5] DISTRICT BOARD— POWERS AND DUTIES 51 writing notify the county superintendent of their desire to be again trans- ferred to the district of their residence, or shall remove from said real estate; in either event, the county superintendent shall notify the county clerk of such re-transfer, and the taxes of said parent or guardian and real estate shall again be placed in the district of their residence. Provided, further, That the parents or guardians of the pupils so trans- ferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds. A person transferred under this section is eligible to school office in the district to which he is transferred. The transfer of pupils provided for in section 4a, subdivision 5, of the School Laws, is made entirely independent of any action of the annual district meeting of either district affected. In other words, the annual district meeting has no power to authorize or prevent such transfer. The application for transfer must be made not later than the annual meeting. The county superintendent may notify the directors a little later, but the county superintendent should be notified by the applicant not later than the annual meeting in order that the transfer may be legally made. Children transferred to an adjoining district under section 4a, subdivision 5, are in- cluded in the census of said adjoining district and their share of the apportionment is paid to such district. There is no statutory provision authorizing the payment of a pupil's share of the state apportionment to the credit of any district other than that in which said pupil is enumerated. Pupils transferred from one district to another under section 4a, subdivision 5, should attend the nearest school of the adjoining district. The property of a person transferred under the provisions of this section would be taxed for free high school tuition of other pupils living in the district to which he is transferred, or if there is a high school in the district to which he is transferred, his property would be taxed for the maintenance of such high school. When a transfer has been made under section 4a, subdivision 5, it becomes a matte1" of record. The reports from the two districts are made up on the basis of the change, the schoo1 apportionment is made out on that basis, the taxes of the party have been transferred and there seems to be no way by which he may be re-transferred until the next annual meeting. In case a renter, who has his children and taxes transferred to an adjoining district under section 4a, subdivision 5, removes from the district, and another renter occupies the resi" dence vacated by the former, the second renter would have free school privileges only in the district of his residence. If a transfer was made before a change of site was ordered by the annual meeting, when the reasons for granting such transfer were modified by such change of site, such a transfer would become null and void. The law makes no provision for the director of an adjoining district to reject pupil8 who are transferred under the provisions of section 4a, subdivision 5. The distances spoken of in section 4a, subdivision 5, are to be measured by the shortest route possible upon section lines or roads open to the public. Section lines are not recognized as roads within the meaning of section 4a, until they have been declared open by the county board. If the section line is not open to the public, it is not to be taken into account in measuring the distance. Whenever the public generally is permitted to travel over a certain road without objec tion or hindrance by the owner of the land, and the road is used to some extent in that way, such a road is a "traveled road open to the public" within the meaning of section 4a. Where a tract of land upon which there is a railroad bed is transferred under the pro- visions of section 4a, subdivision 5, School Laws, the taxes accruing from such railroad bed do not transfer. A renter is entitled to the privileges mentioned in section 4a, subdivision 5. The county clerk is empowered and it is made his duty, to place the school taxes (except for the payment of existing bonds or interest on the same) of the said parents or guardians and of the real estate on which they reside, not exceeeding a quarter section of land, for the year next ensuing in the said adjoining district instead of the district of their residence. Note that it is all the taxes of said parents or guardians including the taxes of the real estate on which said parents or guardians reside, notwithstanding the fact that they may be living on land which does not belong to them. The county superintendent would have authority to revoke a transfer to a nearer school under section 4a, subdivision 5, if upon investigation he finds the conditions do not comply with the law. If it is granted upon misrepresentation, it is his duty to revoke the transfer. In case a party who desires to be transferred under section 4a, subdivision 5, cannot secure signatures to his petition, there seems to be no way in which the transfer can be made. Parents or guardians of the pupils so transferred shall have the right to vote in the dis- trict to which such pupils are transferred on all school matters except that of issuing bonds. They would have the right to vote on the issuance of bonds in the original district. 52 NEBRASKA SCHOOL LAWS [Subdiv. 5 Does not apply to citizens of another state seeking trunyier to JNebrasica for public school purpose... Sec. 4b. — (11824) — Transportation of pupils. — That a board of educa- tion of a city, or a board of trustees of a high school district, by a two-thirds vote of the entire board, or a district board of any school district in this state when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to make provision for the transportation of pupils residing within said district to any other school (within said district) to which said pupils may lawfully attend, whenever the distance from such school shall render it impracticable for said pupils to attend without trans- portation. Sec. 4c. — (11825) — Instruction in neighboring district. — That a board of trustees of a high-school district, or a district board of a school "district in this state, when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to contract with the district board of any neighboring district for the instruction of (all) pupils residing in the first named district in schools maintained by the neighboring district, and to make provision for the transportation of said pupils to the above named school of the neighboring district under the conditions named in the preceding section; Provided, That school districts thus providing instruction for their children in neighboring districts shall be considered as maintaining a school as required by law; Provided, further, That the teacher of the last named school shall keep a separate record of attendance of all pupils from the first named district and make a separate report to the director of said district. Sec. 5. — (11586) — Suspension of pupils. — They may authorize or order the suspension or expulsion from the school, whenever in their judgment the interests of the school demand it, of any pupil guilty of gross misdemeanors or persistent disobedience, but such suspension shall not extend beyond the close of the term. This section gives school boards authority to suspend pupils. There is no law for refer- ring such questions to a special district meeting, and it will save acrimony if the board, after cpnsulting with the teacher or teachers, will settle all such matters with the least possible public disturbance. The right to suspend or expel vests in the board, but may be exercised by the teacher in emergencies, with immediate reference to the board for final action. The statute empowers the school district board to suspend or expel pupils from the school, and it also provides that "such suspension shall not extend beyond the close of the term." The expression "term" is not defined in the statutes. In the absence of any defini- tion on the part of the board, the word term would naturally apply to the entire period during which school is in session during the school year. But where the school district board has made and adopted a series of rules by which the school year is divided into specific terms, the board would have no authority to suspend a pupil for a period extending beyond the close of the current term as defined in said rules. (See also III, Board). Control of pupils outside of school hours. — Let us divide the question at issue into two parts; first, the teacher's authority over pupils on the way to and from school; and second, his authority over pupils at other times and places than in school, on school grounds, on the way to and from school, or during school hours. The laws of Nebraska do not touch directly upon the matter of the teacher's authority over pupils on the way to and from school. Several decisions of different supreme courts, however, seem to indicate that where there is no statutory provision to the contrary, the teacher may exercise a reasonable control over pupils on the way to and from the schoolhouse in all matters of conduct which affect the interest and discipline of the school. This authority must be exercised with great discretion on the part of the teacher, and he will be liable for any flagrant perversion or abuse of it: The teacher stands in the place of the parent at school and has the same jurisdiction over the conduct of the pupil there that the parent has at home. It seems to be a simple deduction from this principle that the teacher has authority over the pupils at all times when they are thrown together in consequence of their attendance at school, and it would be very disastrous to school discipline if the teacher were denied a reasonable control over the actions of the pupils on the way to and from the schoolhouse. This right, therefore, seems to belong to the teacher by implication without any express statement of law to that effect. Subdiv. 5] DISTRICT BOARD— POWERS AND DUTIES 53 For acts committed in or about the homes of the pupils, it would avoid a source of much trouble and irritation if the teacher would consult with the parents, reasoning with them, if they are reasonable, and parents usually are when the facts are fairly stated and they see that some action is necessary for the good of their own children. Teachers should not be arbitrary or dicta- torial. It has long been the ruling of this department that a teacher has the legal right to detain pupils after the regular school hours, when circumstances make it necessary. Corporal punishment. — The statutes of Nebraska are silent as to the right of a teacher to inflict corporal punishment, and the matter seems never to have been brought before our supreme court; but the holdings of supreme courts of other states are quite uniform and positive in the matter, and are in substance as follows: A teacher in charge of a school stands in the place of the parent while the pupils are under his or her control and has the same right to command and to enforce obedience which the parent has in the home. This right includes the infliction of corporal punishment in a reasonable manner and with the proper motive. If it can be shown that the pun- ishment was cruel or excessive or inflicted with malice on the part of the teacher, then such teacher is liable to prosecution and punishment. As a matter of educational policy, there is no question that corporal punishment is to be used only as a last resort ; and our best teachers almost invariably succeed in avoiding it. Nevertheless there are cases, growing out of unusual perversity or unfor- tunate influences at home, which make its use advisable and sometimes even indispensable. While the constant aim of the teacher and school board should be to reduce the use of this method of discipline to a minimum, there can be no question as to the legal right of the board to authorize, and of the teacher to employ, corporal punishment, under proper circumstances, in the proper manner and with the proper motive. The law empowers a school board to suspend or expel a pupil from school who is guilty of gross misdemeanors or persistent disobedien.ce, whenever in their judgment the interests of the school demand it; but such suspension shall not extend beyond the close of the term. In case of emergency the teacher may suspend a pupil and refer his actions and the reasons therefor immediately to the board. (See also IX. Pupil.) School boards are empowered to make rules governing their schools. If they see fit to admit a pupil who has been expelled they have a perfect right to do so. "An action of mandamus will lie and may be maintained to reinstate a pupil in a school, if the action of the officer or officers by which the party was refused admission to or continu- ance in the school was an arbitrary or capricious exercise of authority." 57 Neb., 183. Sec. 6. — (11587) — Site, purchase, lease, and sale. — They shall purchase or lease such site for a school house as shall have been designated by the dis- trict, in the corporate name thereof, and shall build, hire, or purchase such schoolhouse out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when lawfully directed by the qualified voters at any annual or special meeting; Provided, That the qualified voters of the district may appoint a building committee to let contracts for and take charge of the work of building such schoolhouse Subject to certain restrictions, the qualified electors of school districts are intrusted with the power to determine what sort of a schoolhouse shall be erected, and the extent of the expenditures therefor; and when so determined the school board has no authority to change the same, and thus bind the district for an increased expenditure. It is within the authority of the school board to make temporary arrangements for carrying on the school whenever this matter is neglected at the annual district meetings. The school board should rent a building and pay for the same out of the funds 01" the district. It is not only a right but it would be a duty incumbent on the school board, to so provide room and teachers for the pupils of the district. Building Committee 45 Neb., 239. Sec. 6a. — (11595) — Outhouses. — It shall be the duty of schdol district boards to provide on every schoolhouse site, and keep in good repair and in clean and healthful condition, at least two separate water closets or privies, located on those portions of the site the farthest from the main entrance to the schoolhouse, and as far from each other as the surrounding condition will permit; Provided, That where adequate and separate interior closets are. provided and maintained in good repair and healthful condition, the forego- ing condition of this act need not apply. Sec. 7. — (11588) — Title to site. — The district shall not in any case build 54 NEBRASKA SCHOOL LAWS [Subdiv. 5 a stone or brick schooinouse upon any site, without having first obtained a title in fee to the sarne; and, also, that they shall not in any case build a frame schoolhouse on any site for which they have not a title in fee, without the privilege to move the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting. Sec. 8. — (11589) — Payment of school moneys. — The district board shall apply and pay over all school moneys belonging to the district in accordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received a cer- tificate as required in this chapter, before the commencement of his or her school. Sec. 9. — (11590) — Care and custody of school property. — The said board shall have the care and custody of the schoolhouse and other property of the district, except so far as the same shall be confined to the custody of the director. This section has given rise to much controversy, and many disputed points still remain unsettled. The following opinions seem to be well founded: 1. The schoolhouse was erected for school purposes, and cannot legally be used for any other purpose that will interfere with its use for this. 2. A room in a schoolhouse not needed for school purposes may be leased for any pur- pose not injurious to the school, or a detriment to the usefulness of the other parts of the build- ing for school purposes; but the contract for such lease cannot extend beyond the close of the school year. ;-}. The right to determine whether a schoolhouse shall be used for other than school purposes belongs to the voters of the district when assembled in a lawful manner; but when the district has not acted on the subject the board has control until some action is taken by the district. But neither board nor district has any right to allow the schoolhouses to be used in such a way as to interfere with the school. 4. If the voters of the district wish to use the schoolhouse for meetings of various kinds there seems no good reason why they may not so use' it so long as they do not interfere with the school work. The derisions of the supreme courts of Indiana, Illinois, Iowa, and 3, New ~ many other states ocnfirm this view. Kansas, New Jersey, and West Virginia confer upon the trustees, by statute, the right to use the house for such purposes. In the absence of any deci sion by our own courts, the above rulings will govern this department. Sec. 10. — (11591) — Vacancy in district office. — Every school district office shall become vacant by the death, resignation, or removal from office, or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time. If an officer resigns at an annual district meeting, and his resignation is accepted by the board at the meeting, the voters present may elect a, successor to complete the term of office . The general rule is that the resignation of an officer should be presented to the board or the officer who has authority to fill the vacancy so created. At the time of the annual meet- ing the resignation of a district officer should be presented to the meeting; at any other time, to the district board. Two members of a school board cannot of their own volition remove the other member from office. The only way to remove a school district officer is by proper action before a court of competent jurisdiction. When a school officer resigns, and his resignation is accepted, he cannot withdraw it and again resume office. Sec. 11. — (11592) — Appointment to fill vacancy. — The said board shall have power to fill by appointment any vacancy that may occur in their number, and it shall be their duty to fill such vacancy after its occurence; Provided, That in case said board shall, from any cause, fail to fill such va- cancy, the same may be filled by election at a special school district meeting Subdiv. 6] HIGH SCHOOL DISTRICT 55 called for that purpose, by the qualified voters present, which meeting shall be called in the same manner and be subject to the same regulations as other special district meetings. When vacancies occur in school boards, the vacancies are filled by appointment or by election at a special district meeting. If by appointment, the appointee serves until the next annual meeting; if by special election, he serves for the remainder of the unexpired term. Sec. 12. — (11593) — Appointment by county superintendent.— When by a division of a district, but one officer is left in the old district, the county superintendent shall appoint, to fill the vacant offices, suitable persons, who shall hold their offices until the next annual meeting, and until their suc- cessors are elected and qualified. Sec. 13. — (11594) — Officer cannot contract with district. — No school officer shall be a party to any school contract for building or furnishing supplies, except in his official capacity as a member of the board. The spirit of section 13, subdivision 4 seems to authorize the director to furnish, under the direction of the board, in such a way as he may see fit, such supplies and repairs as are necessary for the proper maintenance of the school. It seems equally clear that the statutes give the district board no authority to make extensive repairs or to incur large or unusual expenses without the consent of the district meeting. Any action of public officers is voidable if vitiated by fraud. When school district officers employ each other for services to the dis- trict involving pecuniary profit, the transaction bears on its face a strong suggestion of col- lusion and fraud, which presumption, however, may be overcome by competent evidence of good faith. SUBDIVISION VI.— HIGH SCHOOL DISTRICTS— FREE HIGH SCHOOL —RURAL HIGH SCHOOL— COUNTY HIGH SCHOOL. Section 1. — (11599) — Organization of district. — Any district containing more than one hundred and fifty children, between the ages of five and twenty-one years, may elect a district board consisting of six trustees; Provided, The district shall so determine at an annual meeting by a vote of a majority of the voters attending such meeting. When such change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, and two for the term of three years, and annually thereafter two trustees shall be elected, whose terms of office shall be three years, and until their successors shall have been elected and qualified. After a school district has once been legally organized under subdivision 6 of the School Laws, the mere fact that the enumeration of pupils falls below 150 would not of itself destroy the organization as a high school district. In the formation of a high school district, it is necessary to re-organize and elect an entire new set of trustees. The change from a primary to a high school district can be made only by a vote at the annual district meeting. The chage frr>m a high school district back to a primary district follows the same rules as from the primary district to the high school district and can only be made at the annual meeting. The official terms of the old board expire on the second Monday of July following the election of the new board of trustees. 17 Neb., 556. - Sec. 2. — (11600) — Board, organization of. — Within ten days after their election, such^trustees ahall file with the directors a written acceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director and a treasurer, and for cause may remove 56 NEBRASKA SCHOOL LAWS [Subdiv. 6 the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary school districts in this state, except, as hereinafter provided. The trustees shall have power to fill any vacancy that may occur in their number till the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint the said officers from the members of said trustees. In a board of six members it requires the affirmative vote of four members to elect teach- ers, fill vacancies in the membership of the board and make any appropriation of money. Sec. 3. — (11601) — Classification of scholars. — Said trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in such district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such schools; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and textbooks for the use of said schools; and to make such rules and regulations as they may think needful for the government of the schools and for the preservation of the property of the district, and also to determine the rates of tuition to be paid for non-resident pupils attending any school in said district except non-resident pupils attend- ing the high school without charge. Power given to enforce reasonable rules. Report Cards. 35 Neb., 1. Selection of studies by the parent. 31 Neb., 552. Sec. 4. — (11602) — Statement of receipts and expenditures — Estimates — Taxes. — The said trustees shall present at each annual meeting a statement in writing of all receipts and expenditures on behalf of the district for the preceding year, and of all funds then on hand, and an estimate of the amounts necessary to be raised by the district, in addition to the money to be received from the primary school fund and other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums, to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof for the year. FREE HIGH SCHOOL. Sec. 5. — (11617) — High school grade defined — Course of study — Rules of admission. — Provision is hereby made for four years of free public high school education for all the youth of this state whose parents or guardians live in public school districts which maintain less than a four- year high school course of study, on the following conditions, to wit: First — For the purpose of this act all grades above the eighth grade in any public school district of this state shall be deemed high school grades. The course of study for the first eight grades shall be the course of study prescribed by the state superintendent of public instruction or a course of Subdiv. 6] FREE HIGH SCHOOL 57 study approved by him, ana the course of study for the high school grades shall be the Nebraska High School Manual issued jointly by the University of Nebraska and the state superintendent of public instruction or a course of study approved by the state superintendent of public instruction. Second — Every pupil to be entitled under the provisions of this act to free public high school education in the ninth grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study prescribed by the state superintendent for work below the ninth grade as set forth in the first condition of this section and that he is unable to secure ninth grade work in the public school district of his residence. Third — Every pupil to be entitled under the provisions of this act to free public high school education in the tenth grade of any public school dis- trict maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the ninth grade as set forth in the first condition of this section and that he is unable to secure tenth grade work in the public school district of his residence. Fourth — Every pupil to be entitled under the provisions of this act to free public high school education in the eleventh grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the tenth grade as set forth in the first condition of this section and that he is unable to secure eleventh grade work in the public school district of his residence. Fifth — Every pupil to be entitled under the provisions of this act to free public high school education in the twelfth grade of any pubic school district maintaining such grade must have a certificate signed by the county superin- tendent of the proper county that he has completed the course of study for the eleventh grade as set forth in the first condition of this section and that he is unable to secure twelfth grade work in the public school district of his residence. Sixth — Every non-resident pupil attending any public school under the provisions of this act shall have the same rights and shall be subject to the same rules and restrictions which govern resident pupils attending such public school. Any public school district unable to furnish accommodations to non-resident pupils without constructing or renting additional buildings, hiring extra teachers, or for other reasonable cause, may refuse admission to any or all such non-resident pupils. Sec. 6. — (11618) — Rate of , tuition — District not liable, when. — Every public school district granting free public high school education to non- resident pupils under the provisions of this act shall receive the sum of seventy-five cents for each week's attendance by each non-resident pupil from the public school district in which the parent or guardian of such non- resident pupil maintains his legal residence. Such public school district is hereby made liable for the payment of such tuition. Provided, however, that f such school district in which the parent or guardian of such non-resident 58 NEBRASKA SCHOOL LAWS [Subdiv. 6 pupil maintains his legal residence is not able to maintain nine months of school out of his [its] own resources after levying the full amount of taxes it is permitted by law to levy for school purposes together with its apportion- ment from the state school fund, then and in that case, said district shall not be liable for such tuition. Sec. 7. — (11619) — Application of parent or guardian- — Estimate of county superintendent — Levy — The parent or guardian of any pupil desiring to take advantage of the provisions of this act for free hich school education shall make application, in writing, to the county superintendent of the proper county on or before the second Monday in June of each year. Such applica- tion must show the number of the public school district in which such parent or guardian maintains his legal residence, the number of pupils for whom free high school education is desired, and the high school grade which each pupil is to enter. It shall be the duty of the county superintendent to make and deliver to the director or the secretary of the board of education of such public school district on or before the annual meeting of each year an itemized estimate of the amount necessary to pay the tuition of all pupils in that dis- trict entitled to and for whom proper application has been made for free high school education as in this act provided. Said estmate shall show definitely the number of pupils for whom proper application has been made for free high school education and the grade each pupil is to enter. The director or secre- tary of the board of education of such public school district shall include said estimate for free high school education in his itemized estimate which he is required to present at each annual school district meeting as provided in section 11 of subdivision 2, and section 14 of subdivision 4 of chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler). The legal voters at the annual school district meeting each year shall determine the amount of money required for free high school education during the coming school year as in this act provided, which shall be an amount sufficient to provide free high school education in accordance with the estimate furnished the annual school district meeting by the director or secretary of the board of education as here- in required, and the amount of money so required shall be levied as a tax upon all the taxable property of the school district. Immediately after the annual school district. meeting and not later than the first Monday in July the dis- trict board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of such public school district is situated reports in writing, of all the taxes, including the tax necessary for free high school education as in this act provided, voted by the public school district for the coming school year, to be levied, on all the taxable property of the district and to be collected by the county treasurer as provided in section 21 of sub- division 5 of chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler). Said tax for free high school education, when collected, shall constitute a fund to be known as the "Free High School Fund" and shall be placed to the credit of each public school district in which such tax is levied. Money belonging to the Free High School Fund of any public school district shall be paid out by the county treasurer to the treasurer of the public school district earning such tuition at the end of each school term upon an order signed by the direc Subdiv. 6] FREE HIGH SCHOOL 59 I tor and countersigned by the moderator of the public school district liable for such tuition, drawn against said fund. Money remaining in said Free High School Fund of any district at the end of each school year after the purpose for which it was raised has been accomplished and after all debts for which said fund is liable have been discharged shall be transferred by the county treasurer to the general fund of each district. If a school district fails to vote the necessary high school tax, or the district board fails to make the necessary report to the county superintendent, it becomes the duty of the county superintendent to make and deliver such report to the county clerk whose duty it is to make the required levy the same as though the tax had been voted at the annual school district meeting. The neglect of the parent to discharge his duty means the loss of free high school privi- leges for his children for the ensuing year. All the parent needs to decide is that free high-school privileges are desired for the ensu ing year. If proper application is made, the parent or guardian may later make choice of place of attendance. A pupil seeking free high school tuition must be a resident of the district at the time of the annual meeting, and must at that date have the county superintendent's certificate that he has completed the school work of such district. Otherwise, a district is not legally answerable for his tuition. A pupil is entitled to free high school attendance only so long as the legal residence of his parents or guardian is maintained in the district of his residence at the time an application for free high school attendance was made, and in the district in which the tax was levied pay for such free high school tuition. Should the parent or guardian remove to another dis- trict before the expiration of the time for which free high school attendance was applied for the district in which a tax was levied should then cease to pay for such pupil. The district is authorized to pay free high school tuition only for the resident pupils of the district who are entitled to such free high school privileges. The pupil becomes a non resident of the district which levied the tax for his tuition when his parent or guardian removes to another district. Such pupils will then have no claim on the district which levied the tax for free high school tuition. The free high school tax levy is entirely independent of the maximum levy of twenty five mills for the maintenance of school, and is known as the "Free High-School Fund," and as such is to be placed to the credit of each public school district in which such free high school tax is levied. It follows, therefore, that a school district voting twenty-five mills tax for main- taining school must vote in addition thereto, the necessary tax for payment of tuition of all pupils of such district entitled to free high school privileges. Sec. 8. — (11620) — District board deliver estimate of levy to county clerk. — If the annual school meeting in any public school district wherein there are pupils entitled to and desiring free high school education as in this act pro- vided neglect or refuse to vote the necessary tax therefor, the school district board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of the school district is situated, not later than the first Monday in July, an itemized estimate of the amount necessary to be expended during the ensuing school year for free high school education by such public school district. It shall be the duty of the county clerk to levy such tax on all the taxable property of such public school district the same as though said tax had been voted by the annual school district meeting, to be collected and disbursed by the county treasurer as provided in section 3 (Section 7 of this subdivision) of this act. Sec. Sa. — (11621) — Same, county superintendent. — If the district board or board of education of any public school district wherein there are pupils entitled to and desiring free high school education as in this act provided neglect or refuse to make and deliver the required estimate as set forth in section 4 of this act, the county superintendent of the proper county shall make and deliver to the county clerk of each county in which any part of such public school district is situated, not later than the first Monday in 60 NEBRASKA SCHOOL LAWS [Sudbiv. 6 August following the annual school district meeting, an itemized estimate of the amount necessary to be expended by such public school district during the ensuing year for free high school education. It shall be the duty of the county clerk to levy such tax on all the taxable property of such school district the same as though such tax had been voted by the annual school district meet- ing, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes'are collected, and when collected to be paid out as provided in section 3 (section 7 of this subdivision) of this act. Sec. 8b. — (11622) — No levy. — In a public school district in which in any year there are no pupils entitled to and desiring free high school educa- tion as in this act provided no tax shall be levied for such purpose in that year. RURAL HIGH SCHOOL. Sec. 9. — (11604) — Establishment. — Any two or more adjoining school districts in any county of this state which are not able or do not deem it expedient to maintain a. school of more than eight (8) grades may unite for the purpose of forming one high school district and maintaining one high school as hereinafter provided. Sec. 10. — (11605) — Proposition — Submission — Adoption. — The proposi- tion so to unite shall be submitted to the regular annual meeting of each dis- trict proposed to be joined in such high school district, or at a special meeting called for the purpose, as provided in subdivision two (2) of chapter seventy-nine (79) of Compiled Statutes, and shall require for its adoption a majority of all the qualified voters present at such meeting in each of the districts proposed to be so joined for high school purposes. Sec. 11. — (11606) — Establishment completed — Name — Mutual sup- port.— When any two or more* adjoining school districts in any county shall have voted to unite forliigh school purposes, the officers thereof shall certify the fact to the county superintendent of said county, who shall thereupon give to such high school district so formed an appropriate name, not borne by any other school district of high school district in said county, and it shall there- after be known by such name as the.. High School District of County, Nebraska. Where the majority of votes are cast for such a union of districts, and such high school is estiablished, no district can withdraw its support from the union without the mutua'l consent of all the districts ex- pressed by the majority vote of each. Sec. 12. — (11607) — Enlargement of district. — After any such high school district has been established, if any adjoining common school district shall, by a majority vote of the qualified voters therein, at any annual or special meeting, express a desire to unite with, and be included in such high school district for the benefits thereof, it may be done; Providing, this proposition is accepted by a majority vote of all qualified voters at an annual or special meeting in a majority of the school districts so united, or if but twro districts, in each. Notice of such acceptance, by the president of the high school district to the moderator of said common school district, shall operate as official 5ubdiv. 6] RURAL HIGH SCHOOL 61 proclamation of the incorporation of said common school district in and part of the high school district. Sec. 13. — (11608) — Trustees — Government. — The directors for the time being of the several school districts so joined for high school purposes, pro- vided the number of such districts shall exceed two, shall be the trustees and governing body of such high school district. If the number of such districts shall be two only, the said trustees shall annually choose a third person, hav- ing the qualifications of a member of the school board in one or the other of the respective school districts to be a trustee of said high school district, who shall within ten days after his election file with such trustees or one of them a written acceptanqe of said office. Such trustees shall annually, subsequent to the annual meetings of the school districts so united for high school pur- poses, elect from their number a chairman and a clerk and shall at the same time elect a treasurer who may or may not be one of their number. They shall also have power to fill any vacancy that may occur in their number or in any of said offices till the same can be regularly^ filled. Sec. 14. — (11609) — Same, powers. — Said trustees shall have all the power of school boards of school districts in this state with reference to the lease, purchase, acquisition or disposition of buildings, sites, and property for school purposes, provided that where the provisions of subdivision five (5) of chapter seventy-nine (79) of the Compiled Statutes require the consent or authority or direction of the school district, the said trustees must be author- ized by the votes of meetings of a majority of the districts so united, or if said districts are two only, of each of them. Sec. 15. — (11610) — Officers. — The powers and duties of the chairman, clerk and treasurer respectively, of such board of trustees shall be the same as near as may be, as those of the moderator, director and treasurer respectively of a school district, as fixed in subdivision four (4) of chapter seventy-nine (79) of the Compiled Statutes, except that no census of such high school district shall be required to be taken, and that contracts with teachers shall require the sanction of a majority of such trustees. Sec. 16. — (11611) — Trustees — Powers — Rules — Course of study. — The trustees shall establish and maintain a high school in said district at such place as they may deem most expedient and to that end shall with the advice and approval of the county superintendent, have authority to determine the qualifications for admission to such high school, to employ all necessary teachers, to prescribe courses of study and text books, to determine the rate of tuition to be paid by non-resident pupils attending any such high school, and to make such rules and regulations as they may think needful for the government of such school and for the preservation of the property of such high school district. Provided, That such course of study shall conform to the general course of study and gradation prescribed by the State Superin- tendent of Public Instruction, which he is hereby authorized to prescribe for all high schools maintained under the provisions of this act. ' Sec. 17. — (11612) — Expenses, taxes. — The expenses of maintaining such high schools shall be borne by the several school districts united for the pur- pose, in proportion to their assessed valuation. To that end, the trustees 62 NEBRASKA SCHOOL LAWS [Subdiv. 6 shall, prior to each annual school district meeting, prepare an estimate of the sums required for the maintenance of such high school during the coming year, and the share to be borne by each school district, and the number of mills necessary to be levied in each of said districts so united to meet its said share, and shall further certify said estimate, the amount of said share and the amount of said required levy to each of said district's meetings. In case the meetings in a majority of the districts so united, or in case there are but two, in each, shall reject such estimates, the trustees ahall at once give ten (10) days' notice by posting the same upon the door of each schoolhouse in each of said districts and in three other of the most conspicuous places in each district, of a meeting of all the qualified voters .of each of the districts so united for high school purposes at some accessible place within the limits of said high school districts, for the purpose of settling the amount required to maintain such high school, the share of each district, and the number of mills required to be levied. At such meeting, the chairman of said board of trustees shall preside and the clerk shall record its proceedings. Said meet- ing shall fix, by a majority vote of the qualified voters of said several dis- tricts present, the amount necessary to be raised, the share of each district, and the levy necessary in each district to meet said share, and the clerk shall thereupon forthwith certify the number of mills so fixed upon to be levied in each district to the county board. In case, however, said estimates so pre- pared by said trustees, shall not be acted upon at said district meeting or shall not be rejected as above provided, then said trustees shall certify the same as by them originally fixed to said county board; the .tax so fixed shall be levied in each school district by the said county board and collected as other county taxes, and the proceeds thereof shall be turned over to the treasurer of said high school district, except the principal sum of bonds for the erection of a building as hereinafter provided, shall in no year be suffered to exceed seventy-five (75 per cent) per cent of the aggregate expense of maintaining all the common schools of said district so united for high school purposes. Sec. 18. — (11613) — Bonds. — When authorized by a two-thirds majority vote of all qualified voters present at an annual or special meeting in a major- ity of the school districts so united, or if there be but two districts so united, in each, said trustees may issue and negotiate the bonds of said high school district for the purpose of raising money to provide for the erection and fur- nishing or the improvement of a high school building. The bonds so issued shall not when added to the aggregate of the bonded indebtedness of the several school districts so united for high school purposes exceed ten (10) per cent of the aggregate assessed valuation of the said several school dis- tricts as shown by the last preceding assessment. Sec. 19. — (11614) — Same. — Said bonds shall conform to and their pay- ment, cancellation, refunding and the application of the proceeds thereof shall be governed by and as provided for in the several provisions of sections six (6) to eleven (11) inclusive, thirteen (13), fifteen (15) to eighteen (18) inclusive, and twenty (20) to twenty-two (22) inclusive of subdivision fifteen (15) of chapter seventy-nine (79) of the Compiled Statutes, as near as may be. Subdiv. 6] COUNTY HIGH SCHOOL 63 COUNTY HIGH SCHOOL. [Amended, 1911.] Sec. 20.— Any county in this state may establish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils who have advanced beyond the eighth grade. For the purpose of this act all grades above the eighth grade in any public school district in this state shall be deemed high school grades. The course of study for the high school grades shall be Nebraska High School Manual issued jointly by the University of Nebraska and the State Superintendent of Public Instruction, or a course of study approved by the State Superintendent of Public Instruction, and in addition thereto there shall be taught and practiced in the ninth and tenth grades, manual training, domestic science, and the elements of agriculture, and in the eleventh and twelfth grades normal training and the theory and practice of agriculture, and for the purpose of such teaching and practice the Board of Regents is hereby authorized to purchase the necessary apparatus and materials for those purposes. The board of County Commissioners or County Supervisors shall purchase a tract of land not less than five acres, conveniently situated to said county high school, for actual practice by all the students or a part of the students, under the direction of a competent instructor, for experimentation in all forms of agriculture. Sec. 23. — The Board of such County High School shall consist of five members, to be known as the Board of Regents. Three members of said Board shall be elected as follows: The directors of the various school dis- tricts shall meet in the office of the County Superintendent of Public In- struction on the last Saturday in June, Nineteen Hundred and Eleven (1911), and there choose by ballot a Board of three Regents, one to serve for the term of one (1) year, one for the term of two (2) years, one for the term of three (3) years; and one shall be chosen annually thereafter whose term of office shall be for three years or until his successor is elected and qualifies. The Board of Regents shall have power to fill any vacancy that may occur in their number until the next annual school meeting. The County Treasurer shall by virtue of his office be the treasurer of said board. The County Superintendent of Public Instruction shall by virtue of his office be the secretary of said Board. Sec. 24. — The said Board of Regents shall have power to employ a superintendent for a term of three years, and assistant teachers for a term of two years, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, by a majority vote, to adopt books and purchase fuel. They shall annually during the month of June make an estimate of the amount of funds required for the sup- port of the schools during the fiscal year next ensuing, the amount of funds required for the purpose of school sites, the erection of school buildings, the payment of interest on bonds issued for school purposes and the creation of a sinking fund for the payment of such indebtedness, and the County Commissioners or Supervisors, when sitting as a board at the 64 NEBRASKA SCHOOL LAWS [Subdiv. 6 time provided by law for levying taxes, are hereby authorized and required to levy the tax recommended by the Board of Regents the same as other taxes are levied. But in no case shall the aggregate tax for the county high school, exclusive of the levy for paying the principal and interest of bonds, exceed five mills upon each dollar of assessed valuation of the prop- erty of the county. Sec. 25. — It shall be the duty of the secretary of said Board of Regents to keep an exact and detailed account of the doings of the Board in a book kept for that purpose and such other matters as may be provided by law, and shall make reports as provided by law. Sec. 26. — The treasurer shall keep separate and apart the proceeds of the tax levied for the support and maintenance of said county high school a fund to be known as the high school fund, and shall only pay out the same upon warrants duly issued against said high school fund, when signed by the President of the Board of Regents, countersigned by the secretary of the Board and attested by the seal of the county. The Board of Regents shall not allow any claims or demands against said funds unless the same be duly verified. And the preservation and disbursement of said high school fund is hereby made a part of the duty of the County Treasurer within this state, and he shall be liable upon his official bonds the same as for any other moneys now held in his hands by virtue of said office. Sec. 27. — The Board of Regents shall make all needful rules and regu- lations for the discipline, careful preservation of the school buildings, fur- niture, apparatus, grounds, and all other property belonging to the school. All teachers and other subordinates in said school shall be under the direc- tion of the Superintendent elected by the Board of Regents, subject to the general control and regulation of such Board. Sec. 28. — The Board of Regents shall receive no compensation for their services except for actual expenses incurred in attending upon meet- ings. The Treasurer and the Secretary shall have a vote upon matter pend- ing before the Board. The Board of Regents shall meet annually on the second Tuesday after the first Monday in July, at which time they shall elect a President from among their own number, but special meetings may be held at any time at the call of the President of such Board. Sec. 29. — Said Board of Regents is hereby authorized to issue certifi- cates and diplomas when any student completes a prescribed course of study in a satisfactory manner, and the same shall have such force and effect as may be determined by the State Superintendent of Public Instruc- tion to entitle the holder to teach in any of the schools of the county without further examination for the space of three years. Sec. 30. — The Board of Regents, in their rules and regulations, and the superintendent elected by the board, in his supervision and govern- ment of the school, shall exercise a watchful guardianship over the morals of the pupils. Sec. 31. — Whenever the proper officers of any rural high school or city or village high school shall certify to said Board of Regents, on or before Subdiv. 7] COUNTY SUPERINTENDENT 65 thft 15th day of June of each year, that a course of study beyond the first eight grades has been prescribed for said school for the ensuing year, then all of the property within said district or districts shall be omitted from the levy of the tax for the support and maintenance of the county high school for the ensuing year. Sec. 32. — Tuition shall be free to all pupils residing in the county where the school is located, but if at any time the school can accommodate more pupils than apply for admission from the county in which the school is situated, the Board of Regents may admit pupils from without the county upon the payment of such tuition as the Board of Regents may prescribe. Such pupils, so admitted, shall be subject to the same rules as to discipline as are resident pupils. Where there is no incorporated town or village in the county, the electors of that county may locate the county high school at the most convenient and accessible point in the county. SUBDIVISION VII.— COUNTY SUPERINTENDENT. Section 1. — (11646) — Election, term. — There shall be a county superin- tendent in each organized county, whose term of service shall be two years, and who shall be elected at the same time and in the same manner as other county officers. No person shall be eligible to the office of county superin- tendent who does not hold at least a first grade county certificate issued in this state and in force at the time of his election. It shall be the duty of the county clerk to notify the state superintendent of the election of the county superintendent at the time said election is ascertianed. The pro- visions of this act so far as the same relate to the certificates of county super- intendents shall not apply to counties having less than 1,000 inhabitants. The law does not provide for a deputy county superintendent, and action by such per- son is not legal. If the person elected county superintendent cannot act, he should resign and allow another to be appointed. The powers and duties of the county superintendent of public instruction are derived entirely from the statute. He can exercise only such powers as are especially granted or incidentally necessary to carry the same into effect. Any proceed- ings on his part beyond the scope of his authority, or where he has no jurisdiction, are abso- lutely void. 6 Neb., 539. Sec. 2. — (11647) — The county commissioners, at the first regular ses- sion of each year, shall determine the compensation to be paid to the county superintendent, but in counties containing a school population of fifteen 66 NEBRASKA SCHOOL LAWS [Subdiv. 7 thousand (15,000) or more, such compensation shall not be less than $2200.00 per annum; in counties containing a school population of seven thousand (7,000) and less than fifteen thousand (15,000), such compensa- tion shall not be less than $1800.00 per annum; in counties containing a school population of six thousand (6,000) and less than seven thousand (7,000), such compensation shall not be less than $1600.00 per annum; in counties having a school population of not less than 4,000 and not more than 6,000, such compensation shall be not less than $1400.00; in counties con- taining a school population of two thousand five hundred (2,500) and less than four thousand (4,000), such compensation shall not be less than $1300.00 per annum; in counties containing a school population of two thousand (2,000) and less than two thousand five hundred (2,500), such compensation shall not be less than $1100.00 per annum; in counties con- taining a school population of fifteen hundred (1,500) and less than two thousand (2,000), such compensation shall not be less than $1,000.00 per annum; in counties containing a school population of less than one thousand five hundred, the county superintendent shall receive not less than $5.00 per day for each day actually employed in the performance of the duties of the office, but the total compensation in this class shall not exceed $1,000 per annum. The number of days necessary for the performance of said duties shall be determined by the county superintendent, but the number of days so employed shall not be less than two times the number of districts in the county, and one day for each precinct thereof for the examination of teachers. The county board, at their option, may allow the county super- intendent such clerk hire and traveling expenses as they deem necessary, and for said traveling expenses the county superintendent shall present such sworn statements and receipts as the County Board may require. Provided, however, that in counties where the assessed valuation of the county is not in excess of the sum of $500,000.00, the number of days neces- sary for the performance of said duties may be determined by the Board of County Commissioners, but the number of days so employed shall not be less than two times the number of districts in the county, and one day for each precinct thereof for the examination of teachers. When the compensation of the county superintendent has been fixed by the commis- sioners as provided by law, it remains unchanged until altered by the same board at the time prescribed by the statute. Sec. 3. — (11666) — Duties of County Superintendent — Payment of school supplies. — It shall be the duty of the county superintendent to visit each of the schools of his county at least once in each year to examine carefully into the discipline and modes of instruction and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with teachers and district boards as to the course of study to be pursued, and for the im- provement of the instruction and discipline of the school; to note the condi- tion of the school house and appurtenances thereto, and to suggest a place for new school houses to be erected, and for warming and ventilating the same, and the general improvement of the school house and grounds; to promote by public lectures and teachers' institutes, and by such other means as he may devise for the improvement of the schools in his county, and the Subdiv. 7] COUNTY SUPERINTENDENT 67 elevation of the character and qualifications of the teachers thereof; to con- sult with the teachers and school boards to secure general and regular attend- ance of the children of his county upon the public schools; Provided, further, That it shall be the duty of the county superintendent to furnish to each district in the county a copy of the course of study for public schools as pre- scribed by the state superintendent; to forward to the teachers from time to time, such written or printed questions for reviews based upon such course of study, as in his judgment are necessary or expedient; to furnish the neces- sary blanks for the annual report of the director, the census report of the district, and such other blanks as he may deem helpful for the work of the schools; and to furnish the necessary record books for the schools and for the district officers. All the supplies above mentioned not paid for by the state shall be paid for out of the general funds of the county. [Amended 1909.] Sec. 6. — (11669)— Blanks and communications received from state superintendent. — It shall be the duty of the county superintendent to receive all such blanks and communications as may be directed to him by the state superintendent of public instruction, and to dispose of the same in the manner directed by the state superintendent. Sec. 7. — (11670) — Examine district reports. — The county superinten- dent shall examine into the correctness of the reports of the district boards, and may, when necessary, require the same to be amended, and shall indorse his approval on such as he shall find correct, and transmit duplicates thereof, together with such other information as may be required of him, to the state superintendent of public instruction, when required by said state superin- tendent. Sec. 8. — (11671) — County superintendent subject to rules and instruc- tions of state superintendent — Report of county superintendent. — The county superintendents shall be subjected to such rules and instructions as the state superintendent of public instruction may from time to time prescribe; and they shall report annually to the superintendent of public instruction, at such times as he may direct, of the official labors performed, and of the gen- eral condition and management of the schools under their charge, and such other information as may be required of them by said superintendent. Sec. 9. — (11672) — Vacancy in office, how rilled. — Whenever by death, resignation, or removal, or otherwise the office of superintendent shall become vacant, the county board shall have power to fill such vacancy. Sec. 10. — (11673) — Notice, report due. — Should any district neglect to send in the reports required by section 2, subdivision 5 of this chapter, by the first Monday in July, it shall be the duty of the county superintendent to notify the officers of such district that the report is due, and should be sent at once. Sec. 11. — (11674) — Report to superintendents of blind and deaf. — The county superintendent shall report on or before the first Tuesday in Sep- tember of each year, to the superintendent of the blind asylum, the name, 68 NEBRASKA SCHOOL LAWS [Subdiv. 8 age, residence, and post-office address of every person blind to such an extent as to be unable to acquire an education in the common schools, and who resides in the county in which he is superintendent, and also to the superintendent of the Nebraska Institute for the Deaf and Dumb, the name, age, and post-office address of every deaf and dumb person between the ages of five and twenty-one years, who resides within his county, including all such persons as may be deaf to such an extent as to be unable to acquire an education in the common schools. [See chapters 22 and 42, Compiled Statutes.] Cited 43 Neb., 184. SUBDIVISION VIII.— STATE SUPERINTENDENT. Section 1. — (11675) — Office. — The superintendent of public instruction shall keep an office, which shall be furnished for him at the seat of govern- ment of the state, and he shall keep all books and papers pertaining to his office therein, subject at all times to the examination of the governor or auditor of state, or a committee from either branch of the legislative assembly. Sec. 2. — (11676) — Normal institutes.— He shall organize teachers' normal institutes at such times and places as he shall deem practicable. He shall, as far as practicable, attend said institute and provide proper instruc- tors for the same, and in other ways seek to improve the efficiency of teachers, and advance the cause of education in the state. Sec. 3. — (11677) — Visit schools. — He shall visit such schools as he may have it in his power to do, and witness and advise with teachers and school officers upon the manner in which they are conducted. Sec. 4. — (11678) — Decide disputed points. — He shall decide disputed points in school law, and all such decisions shall be held to have the force of law till reversed by the courts. Sec. 5. — (11679) — Forms of reports. — He shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state. Sec. 6. — (11680) — School laws. — He shall cause to be printed, in pam- phlet form, the school laws and laws relating to the school lands with blank Subdiv. 8] STATE SUPERINTENDENT 69 forms prescribed by him, and furnish each county superintendent with a sufficient number to supply the district officers within his jurisdiction. Sec. 7. — (11681) — Report annually to the governor. — He shall annually, on the first day of January, submit to the governor of the state a full report of the operations of his office during the year, which report shall contain a statement of the school funds of the state, and 'an account of the receipts and expenditures for the purpose of schools, a statement of the condition of the common schools and other educational institutions chartered or fos- tered by the state, embracing the number of schools of the several grades, the number and average compensation of the teachers, the names and com- pensations of county superintendents, the number of pupils attending the several schools, the enumeration of youth by counties, the value of school- houses, sites, apparatus, and furniture; a statement of such plans as he may devise for the better management of the school funds, and the school system, and such other statements as he may deem expedient to communicate relat- ing to his office and popular education. Sec. 8. — (11682) — Report to be printed. — He shall cause his report to be printed by the state printing board, and shall deliver at the commence- ment of each regular session of the legislature fifty copies thereof to the senate, and one hundred and fifty copies to the house of representatives, and shall transmit one copy to each county and city superintendent of schools in the state, and one to each state superintendent of public instruction of other states. Sec. 8a. — (11684)— Deputy. — The superintendent of public instruction of the state of Nebraska shall have power to appoint a deputy superinten- dent of public instruction and the said deputy may do and perform, in the absence or inability of the superintendent of public instruction, all the acts and duties that may be authorized and required to be performed by the superintendent of public instruction; and the superintendent shall be respon- sible for all the official acts of his deputy. Cited 25 Neb., 662. Sec. 8b. — (11685) — Salary. — Said deputy shall receive a salary of eigh- teen hundred dollars ($1,800) dollars per annum, to be paid by warrant of the auditor of public accounts on the treasurer, said warrant to be drawn monthly. Sec. 9. — (11683) — Apportionment of school funds. — He shall, semi- annually, on or before the third Monday in June and the last Monday in December, make an apportionment of the funds which are in the treasury and which are applicable to the support of schools, which apportionment shall be based upon the enumeration of youth reported to the state superin- tendent by the county superintendents. 70 NEBRASKA SCHOOL LAWS [Subdiv. 9 SUBDIVISION IX.— THE TEACHER. Section 1. — (11686) — Qualifications of teachers. — No person shall be accounted a qualified teacher, within the meaning of the school law who has not a certificate in force from a county superintendent, or one as provided for in subdivision XIV., section 19, of this chapter (Schools in Cities), or a certificate or diploma from a state normal school of Nebraska, a certificate from the state superintendent of public instruction, or a diploma from a state normal school of another state, approved by the state superintendent of this state (or a certificate as provided in Sections la, lb, 6 and 7 of this subdivision). A proper certificate of qualification is essential to warrant a school board in paying a teacher from the public school fund. The prohibition of the statute, however, is upon the district board, and not upon the teacher; and where during a part of a term, the teacher was without a certificate, notwithstanding which payment for the time was made, in an action to recover wages due for the last month of the term, during all of which the teacher had a certifi- cate; held, that the amount so paid could not be set off against what was due for the last month. (School District vs. Estes, 13 Neb., 52, 13 N. W., 16.) Teacher may be discharged for incompetency or other sufficient cause at will of major- ity of board. 6 Neb., 173. Teacher employed for nine months, working eight, not teaching the nine through neglect of officers of district, held, entitled to pay for that month. 13 Neb., 54. Cited 19 Id., 496. Substitute teacher. — A teacher has no right to place a substitute in his school without being authorized to do so by the district board. However, it would be within the authority of the district board to ratify such an action of a teacher in case of an emergency, providing that the substitute be a legally qualified teacher. A teacher under contract with a district could not properly demand of the district payment for the services rendered by a substitute appointed by him without author- ity. However, in case the substitute, a legally qualified teacher, were permitted,- with the knowledge of the district board, to teach the school, said substitute would^have a valid claim against the district for the value of the services rendered by him. Sec. la. — (11689) — Graduates University of Nebraska or other incor- porated schools of this state. — All graduates of the University of Nebraska holding the degree of bachelor of arts or bachelor of science and in addition thereto certificates authorized by the board of regents showing that such graduates have completed the course of instruction prescribed by the regents and faculty of said university for the special training and instruction of teachers, and such other graduates as hold the same degrees from any college or university duly incorporated under the laws of the state of Nebraska, who, in the judgment of the state superintendent of public instruction or the state board of examiners for life certificates, have completed in their respective institutions an equivalent of the courses in the University of Nebraska for said degrees prescribed by the regents and faculty of said uni- versity, shall be accredited as qualified teachers within the meaning of the school law of this state; and all such graduates shall have equal privileges, upon equal conditions, with graduates from any and all other educational institutions within this state under the school law thereof. Said colleges shall from year to year maintain entrance requirements, degree require- ments and professional study requirements equivalent to those of the Uni- versity of Nebraska. Each year the state superintendent of public instruc- tion shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that said requirements have been maintained before any certificate can be granted by such institution. Said certificates are hereby declared to be valid as first grade state certificates enti- tling the holders to teach in the public schools of the state of Nebraska for a Subdiv. 9] THE TEACHER 71 period of three years from their date. Said certificates shall be signed by the president and secretary of the board of trustees and the president or chancellor of the proper institution. Sec. Ib. — (11690) — Same, confirmation of certificates. — After three years of actual teaching, the certificates of the graduates of the University of Nebraska or of any other college or university mentioned or described in section 11141, Cobbey's Annotated Statutes of Nebraska for 1903, shall be countersigned by the state superintendent of public instruction upon satis- factory evidence that the services of the applicant have been successful, making such certificate good for life. Said counter-signature may be can- celled and its legal effect annulled by the state superintendent of public instruction upon satisfactory evidence of disqualification. Such certificates shall be subject to the provisions for lapsing set forth in section 11114c, Cobbey's Supplement 1905, to his Annotated Statutes of Nebraska. Sec. 2. — (11687) — Report monthly. — Every teacher shall make a monthly return to the director of the district of the number of pupils attend- ing his or her school, the names and ages of each, the days attending, the studies pursued, and no teacher will be entitled to receive pay in full for a term's service till the term summary is properly filled out and approved by the director. A rule which makes it the duty of a teacher to keep a record of the standing of each pupil in the studies pursued by him, of his attendance and deoortment. to send each month by the pupil a written report of the same to his parent or guardian and which requires such parent or guardian to sign and return the same to the teacher, is a reasonable one. (Bourne vs. State, ex rel. Taylor, 35 Neb., 1, 52 N. W., 710.) The teacher's register should be approved by the director at the close of each month; and an order for the pay of the teacher should not be drawn until the register has been sub- mitted to and approved by the director. A duplicate of the classification record and term sum- mary should be forwarded to the counry superintendent at the close of each term. % A teacher who fails or neglects to make out a report ought not to be allowed to teach, and should have his certificate revoked. Sec. 3. — (11688) — Length of month. — In the absence of any agreement between the director and teacher to the contrary, twenty days shall consti- tute a school month. Where a school teacher is employed by contract for a given'number of months, and fails to perform her duties during a part of the stipulated period, through no fault of her own, but through the fault of the school officers, she being at all times able and willing to perform, she is entitled to the same compensation during such part as though she had kept the school. (School District vs. Estes, 13 Neb., 52. 13 N. W., 18.) Sec. 4. — (11694) — Scientific temperance instruction. — Provisions shall be made by the proper local school authorities for instructing the pupils in all schools supported by public money, or under state control, in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics, upon the human system. Sec. 5. — (11695) — Examination. — No certificate shall be granted to any person to teach in the public school of the state of Nebraska after the first day of January, eighteen hundred and eighty-six, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics upon the human system. 72 NEBRASKA SCHOOL LAWS [Subdiv. 9 Sec. 6. — (11691) — College and normal graduates. — When any college, university or normal school in this state shall have a course of study equal in extent and similar in subjects to the elementary course of the state normal schools, and shall have full and ample equipment and a faculty of instructors fully competent to give and who are actually giving satisfactory instruction in the branches contained in said course and equivalent to that given in the state normal schools, any graduate from such course shall be granted by the board of trustees of the proper institution a second grade certificate of the same tenor and effect as the certificate to teach issued to the graduates from the elementary course of the state normal schools. Said certificate shall be signed by the president of the board of trustees and the head of the department of education of the proper institution, and the state superin- tendent of public instruction. Sec. 7. — (11692) — Same. — When any college, university or normal school in this state shall have a course of study equal in extent and similar in subjects to the higher course in the state normal schools, and shall have full and ample equipment and a faculty of instructors fully competent to give and are actually giving satisfactory instruction in the branches con- tained in said course and equivalent to that given in the state normal schools, the graduates from such course shall be granted by the board of trustees of the proper institution a first grade state certificate of the same tenor and effect as the certificate to teach issued to the graduates from the higher course of the state normal schools. Such certificate shall be signed by the president of the board of trustees and the head of the department of education of the proper institution and the state superintendent of public instruction. After three years of actual teaching the first grade state certificates issued by any institution as set forth in this section may be countersigned by the state superintendent of public instruction upon satisfactory evidence that the services of the applicant have been successful, making such certificate good for life. Said countersignature may be cancelled and its legal effect annulled by the state superintendent of public instruction upon satisfactory evidence of disqualification. Such certificates shall be. subject to the. provisions for lapsing set forth in section 11114c, Cobbey's Supplement (1905) to his Anno- tated Statutes of Nebraska. Sec. 8. — (11693) — Same defined.— The determination of the question as to what institutions are entitled to the privileges set forth in sections 11141, 11143 and 11144, Cobbey's Annotated Statutes of Nebraska for 1903, shall be in the hands of the state superintendent of public instruction or the state board of examiners for life certificates. No educational institu- tions shall be entitled to the privileges conferred by sections 11143 and 11144 unless the following requirements have been fulfilled: First. — Such institution shall be incorporated under the laws of the state of Nebraska. Second. — Said incorporation shall have at least fifty thousand dollars invested, or available for use in the school. Third. — Said incorporation shall employ not fewer than five teachers Subdiv. 9a TEACHERS' CERTIFICATES 73 who shall put in full time in giving instruction in the branches of study required to be taught by the provisions of this act. Fourth. — The state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that any institution desiring recog- nition under this act has duly complied with the requirements set forth herein and in sections 11143 and 11144 as hereby amended. Fifth. — The entrance requirements to the elementary and higher courses and the time required for the completion of said courses shall be the same as in the state normal schools. Each year the state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that said require- ments have been met before any certificate can be granted by such institu- tion. Sec. 9. — Extent of act. — The provisions of this bill shall riot apply to graduates of any school approved by the state superintendent who were graduated prior to the passage of this act. SUBDIVISION IXa.— TEACHERS' CERTIFICATES. Section 1. — (11648) — No ex-post facto. — Nothing in this act shall be construed to invalidate any certificate heretofore granted under the laws of the state of Nebraska, but the same shall continue in effect until the expiration of the time for which such certificate was granted, and any con- tract made in good faith by and between any teacher and any board of edu- cation under the provisions of the school laws of this state heretofore existing is hereby recognized as a valid contract during the life of such certificate, the same as if made under the provisions of this act. Sec. 2. — (11649) — Classes of certificates.— The teachers' certificates issued by authority of the state of Nebraska, and entitling the holders thereof to teach in the schools of this state, shall consist of three principal classes, viz., state certificates, county certificates, and city certificates. Sec. 3. — (11650) — State certificates, classes of.— State certificates shall consist of three classes, viz.: First. — The professional state certificate which shall be good for life entitling the holder thereof to teach in any public school of Nebraska. Pro- vided, That no life certificate shall be in force after the holder shall permit a space of three years to lapse without following some educational pursuit, unless said certificate be endorsed by the state superintendent. Second. — The first grade state certificate which shall be good for three 74 NEBRASKA SCHOOL LAWS [Subdiv. 9a years from date of issuance, entitling the holder thereof to teach in any public school of Nebraska during the life of such certificate. After three years of successful experience the holder of a first grade state certificate shall be entitled to a professional state certificate good for life. Third. — The elementary state certificate which shall be good for a term of not less than one year and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Sec. 4. — (11651) — County certificates, grades of.— County certificates shall consist of three grades, viz.: First. — The first grade county certificate which shall be valid in and for the county where granted for a term of not less than two years and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Second. — The second grade county certificate which shall be valid in and for the county where granted for a term of not less than one year and not to exceed two years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Third. — The third grade county certificate which shall be valid in and for the county where granted for such term as the county superintendent may deem best but not exceeding one year from date of issuance. Provided, that no person shall be entitled to receive more than one third grade county certificate. Sec. 5.— (11652) — City certificates shall be granted as state certificates, under rules prescribed by the state superintendent of public instruction, and such certificates shall consist of six general classes, as follows: (1) Kinder- garten, (2) primary, (3) grammar, (4) high school, (5) special supervisor and (6) superintendent. The rules for city certificates shall set forth in detail the standards for each class of certificates and shall fix the minimum re- quirements for each class which, for teaching in the grades, must not be less than a second grade county certificate, and for teaching in the high school or for supervising city schools, must not be less than the equivalent of a first grade state certificate. Changes made in the rules during the school year shall not be effected earlier than the next first of July thereafter. Provided, that city certificates shall be granted to teachers properly certified who hold positions in the schools for the school year 1910-1911, and who show evi- dence of success in the profession of teaching. Sec. 6. — (11653) — Professional state certificates. — The professional state certificate may be granted to any person of approved learning and character, and possessing evident ability in the science and art of school management, who has had one year's successful experience as a teacher in the public schools of this state, who holds a first grade county certificate and in addi- tion thereto shall pass, a satisfactory examination before the superintendent of public instruction or a committee of three competent persons appointed Subdiv. 9a] TEACHERS' CERTIFICATES 75 by him, in chemistry, English literature, general history, geology, physical geography, plane trigonometry, psychology, rhetoric and zoology. The professional state certificate may be granted also to any person who is a graduate from a college or university of good standing of this or any other state, who has had three years' successful experience as a teacher in the public schools of Nebraska, and who holds a first grade county certifi- cate issued in this state. The professional state certificate may be granted also to any person who holds a diploma from a state normal school of another state conferring the right to teach for life in said state. The professional state certificate may be granted also, at the discretion of the state superintendent, to the holder of a professional state certificate from another state. All certificates named in this section shall be granted by the state super- intendent of public instruction. Sec. 7.— (11654)— First grade county certificates.— The first grade county certificates may be granted to any person of approved learning and character, and possessing evident ability to teach and govern a school, who shall pass a satisfactory examination in all the branches required to obtain a second grade county certificate, and in algebra, botany, geometry, and physics. Provided, That on and after September 1, 1907, no person shall be granted a first grade county certificate who has not had at least twelve weeks' normal training in a college, university, or normal school of approved standing in this or in another state, or in a state junior normal school of Nebraska, or in a high school of Nebraska approved by the state superin- tendent of public instruction as being equipped to give such normal training. Provided further, That one or more years' successful experience as a teacher may be considered the equivalent of the normal training required by this section. Sec. 8. — (11655) — Second grade county certificates. — The second grade county certificate may be granted to any person of approved learning and character, who, in addition to the branches specified for the third grade county certificate, shall pass a satisfactory examination in civil government, bookkeeping, blackboard drawing, theory and art of teaching, and the ele- ments of agriculture, including a fair knowledge of the structure and habits of the common plants, insects, birds and quadrupeds. Provided, That on and after September 1, 1907, no person shall be granted a second grade cer- tificate who has not had at least eight weeks' normal training in a college, university, or normal school of approved standing in this or in another state, or in a state junior normal school of Nebraska, or in a high school of Nebraska approved by the state superintendent of public instruction as being equipped to give such normal training. Provided further, That one or more years' successful experience as a teacher may be considered the equivalent of the normal training required by this section. Sec. 9. — (11656) — Third grade county certificates. — The third grade county certificate may be granted to any person of approved character who 76 NEBRASKA SCHOOL LAWS [Subdiv. 9a shall pass a satisfactory examination in orthography, reading, penmanship, geography, arithmetic, physiology and hygiene, English composition, English grammar, and United States history. Sec. 10. — (11657) — Preparation of examination questions — Marking and filing papers. — The state superintendent of public instruction shall prepare oil questions for the examination of applicants for teachers' certifi- cates as provided under this act, both county and state, and shall prescribe all rules and regulations for the conduct of all such examinations, and shall determine the times and places for all examinations, except as hereinafter provided. He shall examine, mark, and file, or cause to be examined, marked, and filed, all answer papers submitted by candidates for state and county certificates, which answer papers shall be forwarded by the county superintendent immediately after the close of each examination to the state superintendent of public instruction. He may appoint a committee of three competent persons and such clerical force as he may deem neces- sary to assist him in all such examinations, who shall make a complete and accurate record of all such examinations to be kept on file in the office of the state superintendent. Provided, That the state superintendent may require county superintendents to assist him in the preparation of examina- tion questions for county certificates. Sec. 11. — (11658) — Examinations, how conducted — Certificate, how issued. — The county superintendent shall hold a public examination of all persons offering themselves as applicants for teachers' certificates on such dates as may be arranged by the state superintendent of public instruc- tion and on the third Monday* (Saturday) of each month (except when such examination is suspended by the state superintendent), at which time he shall examine them by the series of written or printed questions according to the rules and regulations prescribed by the state superintendent of public instruction. The county superintendent shall forward all answer papers sub- mitted by candidates for teachers' certificates, designating each by a number instead of a name, immediately after the close of the examination, to the state superintendent of public instruction for examination, marking, filing and recording. The state superintendent of public instruction shall transmit within thirty days from date of said examination a record of the standings of each applicant for a county certificate to the county superintendent, who shall then grant to the applicant a certificate of qualifications if the applicant is found to possess the requisite knowledge and understanding to teach in the common schools of the state the various branches required by law, provided the county superintendent has satisfactory evidence that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern a school. Provided, that the county superintendent at his discretion in case of emergency, may grant permission to teach until the results of the next regular examination are received from the state superintendent of public instruction to any person applying at any *The word "Monday" was inserted in the law by mistake. The state superintendent has therefore suspended all Monday examinations and arranged to have examinations held on the third Saturday of each month. Subdiv. 9a] TEACHERS' CERTIFICATES 77 other time than at a regular examination, who can show satisfactory reasons for failing to attend such examination and satisfactory evidence of qualifica- tions, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction; but such permit shall not be granted more than once in any county to the same person. Provided further, that in emergencies arising from a scarcity of teachers in any county, the state superintendent of public instruction may at his discretion, upon the recommendation of the county superintendent, grant permission to teach in a specified district for a specified term of school, the person given such per- mission to teach being required to attend teachers' examinations and to write upon such subjects as the county superintendent may direct. Provided further, that the county superintendent may, at his discretion, grant a first grade county certificate, without examination, to a graduate of a college, university, or state normal school, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction. Sec. 12— (1 1659) —The first grade state certificate and the city state certifi- cate may be re-issued under such rules and regulations as the state superin- tendent may prescribe. First and second grade county certificates may be re-issued, without examination, at the discretion of the county superinten- dent, under such requirements as may be imposed by the State superinten- dent of public instruction. The certificate issued by the county superintendent shall be valid only in the county where issued. Under the new certification law neither the county superintendent nor the state super- intendent can endorse any certificate, county, city or state, issued in Nebraska or in any other state. The powers and duties of the county superintendents as well as the state superinten- dent are derived entirely from the authority conferred upon them by statute. They can exer cise only such powers as are specifically granted by law. It must appear from the records of their proceedings that they have jurisdiction or their acts will be void. This is the principle of law laid down in the case of Ratcliffe vs. Faris of the supreme court of Nebraska. While the state superintendent is not prohibited by specific act from endorsing certificates granted in other states, he is not given that authority. Hence were he to attempt it his act would be illegal. The county superintendent is absolutely prohibited from endorsing any certificate as is evident from the last paragraph of section 12, subdivision 9a, School Laws, for 1907, which reads: "The certificate issued by the county superintendent shall be valid only in the county where issued." Sec. 13. — (11660) — Revocation. — Every certificate issued under the provisions of this act shall be revoked by the authority issuing the same for any cause which would have authorized or required such authority to refuse to grant it if known at the time it was granted, and for incompetence, immorality, intemperance, cruelty, crime against the law of the state, negligence of duty, or general negligence of the business of the school. The revocation of the certificate shall terminate the employment of such teacher in the school where he or she may at the time be employed, but such teacher must be paid up to the time of receiving notice of such revocation. The authority revoking such certificate must immediately notify the director of the school district or the secretary of the board of education where such teacher is employed. And the authority revoking such certificate shall notify the teacher of such revocation, and must enter his action in such case in the books or records of his office. . Provided, however, that no certificate 78 NEBRASKA SCHOOL LAWS [Subdiv. 9a shall be revoked without due notice from the proper authority, and an oppor- tunity given the teacher to explain or defend his or her conduct. A county superintendent has no authority whatsoever to revoke a state certificate- If he attempt to revoke such certificate his act is null and void. Where a county superin tendent desires the revocation of a state certificate he should make his charges specific and file them with the state superintendent, who will set a time and place for the teacher whose certificate is thus attacked to show cause why it should not be revoked. The revocation of a county certificate rests solely with the county superintendent. The state superintendent may, however, prefer charges against the holder of a county certifi- cate. He may also revoke or annul the grades of any teacher which have been earned or accepted under the new certification law, when it becomes evident that such grades were obtained through fraud or collusion. Sec. 14. — (11661) — Fees. — Each applicant who is examined for a county certificate shall pay one dollar and fifty cents to the county super- intendent, one dollar of which shall go to the teachers' institute fund to be used by him in support of teachers' institutes as provided in section 11152 of subdivision 10, chapter 51, Cobbey's Annotated Statutes of Nebraska for 1903, and fifty cents of said fee shall be used by the superintendent of public instruction as hereinafter provided. It shall be the duty of the county superintendent immediately after each examination to forward fifty cents for each applicant for a teacher's county certificate at such examination to the superintendent of public instruction, such sums to be used by him as hereinafter provided. Each applicant for a professional state certificate shall pay one dollar to the superintendent of public instruction, to be used by him as hereinafter provided. Sec. 15. — (11662) — Registration. — Each holder of an elementary or second grade state certificate, or a first grade certificate or a professional state certificate good for life shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which fee shall go into the institute fund of such county. The above state certificates, when used simply as credentials for securing city state certifi- cates, need not be registered in the office of the county superintendent. See. 16. — (11663) — Funds, how used. — For the purpose of carrying out the provisions of this act, the superintendent of public instruction is hereby authorized to use all fees that may come into his hands as provided herein and also such amount from the appropriations for his office expenses as may be necessary for the payment of the state examining committee and clerical assistance as herein provided for the preparation of examination questions and for the reading of all teachers' answer papers, and work and expenses connected therewith. Provided, That if the fees received by the superin- tendent of public instruction shall be in excess of the amount necessary for payment of the state examining committee and clerical assistance and other expenses connected with such examinations, such excess shall be returned to the respective county superintendents pro rata according to the amount received from each county, and the amounts so returned shall go into the institute funds of such counties. The superintendent of public instruction shall make a semi-annual statement to the governor of all moneys received by him for such fund and of vl moneys disbursed by him from such fund, and also a statement show- Subdiv. 10] TEACHERS' INSTITUTES 79 ing how much money, if any, he shall have found necessary to use from the appropriations for his office expenses in carrying out the provisions of this act. Sec. 17. — (11664) — High school teachers, qualifications. — On and after September 1, 1907, no person shall be granted a certificate to teach in the high school department of any high school district or in the high school department of any city school district in this state who is not a graduate from a regular four-year course of a college or university, or a graduate from the advanced course of a college, university or normal school in this state authorized by law to grant teachers' certificates, or who does not hold a professional state certificate obtained from the state 'superintendent on examination before him or a committee appointed by him as provided by Jaw. Sec. 18. — (11665) — Grade teachers, qualifications. — On and after Sep- tember 1, 1907, no person shall be eligible to teach in the grades below the high school department in any high school district or in the grades below the high school department in any city school district in this state who does not hold at least a second grade county certificate issued in Nebraska. Does not mean that a teacher must hold literally a second grade county certificate, but a certificate in every respect the equivalent of a second grade county certificate. This is a question which may be properly adjudicated by a conference between the county superin- tendent and the city superintendent. In the event of their disagreement it is a question to be referred to the state superintendent. SUBDIVISION X.— TEACHERS' INSTITUTES. Section 1. — (11696) — Kinds of institutes. — For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching and to promote uniform methods of instruction in the public schools of the state, county teachers' institutes shall be organized and conducted annually, dur- ing the months of June, July or August, by county superintendents; provided that two or more county superintendents, with the approval of and in con- junction with the state superintendent of public instruction, may organize and conduct joint institutes at such time and place and for such length of term as they may deem practicable, in lieu of the county institute. Sec. 2. — (11697) — Duty to attend institutes. — It shall be the duty of county superintendents and teachers to attend the institute of their county, 80 NEBRASKA SCHOOL LAWS [Subdiv. 10 or district, in case of joint institutes, at least one week for the purpose of comparing notes, planning and outlining the work of the current or coming school year and to study methods of school work and the science and art of teaching. Sec. 3. — (11698) — Institute fund. — For the purpose of defraying the expense of these institutes there is hereby appropriated the entire institute funds of the county or counties for which the institute is organized and con- ducted, or so much of said fund as may be necessary; Provided, That in the case of joint institutes the expense shall be borne by the institute fund of the counties represented pro rata according to the number of teachers in attend- ance from each county. Sec. 4. — ( 11699") — Same. — To form a fund to defray the expense of institutes, each teacher examined for a certificate, or who has a certificate renewed or endorsed, or who has a certificate or diploma registered by the county superintendent, shall pay the sum of one dollar to the county super- intendent; and at the time of the institute each person in attendance may be required to pay an additional sum not to exceed one dollar per week as an institute enrollment fee; to which sum thus raised the county commis- sioners shall add each year the sum of twenty-five dollars from the general fund of the county, and if they deem it desirable they may increase the amount to any sum not to exceed one hundred dollars. The county super- intendent shall make a semi-annual statement under oath to the county commissioners of all moneys received by him for the institute fund and of all moneys disbursed by him from said fund. Sec. 5. — (11700) — Disbursement of fund. — All disbursements from the institute fund shall be upon the order of the county superintendent and upon bills approved by him, which bills shall be filed at his office. Sec. 6. — (11701) — Notice of institute. — The county superintendent shall notify all teachers, and the board of all school districts in his county of the time when the institute will begin and all common schools shall be closed during the continuance of the institute. Sec. 7. — (11702) — May revoke certificate for non-attendance at insti- tute.— The county superintendent may at his discretion revoke the certifi- cate of or refuse to grant a certificate to any teacher who fails or refuses to attend the county or joint institute. Should graduates from the elementary course of the state normal school refuse to attend such institute, it shall be the duty of the county superintendent to report said refusal to the principal of the normal school who shall revoke the certificate of said normal graduate; Provided, That the county superintendent may excuse experienced teachers from such attendance when application is made before the opening of the institute and satisfactory reasons for absence are given in writing by such teachers. A county superintendent should not revoke a teacher's certificate on a partial hearing* but should act in such matters only after a full hearing of the evidence for and against such revocation. It is legal to receive the enrollment fee of teachers excused from attending the institute. Subdiv. 11] SCHOOL FUNDS 81 This legal requirement for institute attendance is construed to apply to all teachers holding positions in schools organized under subdivisions 3 and 6. The holders of first-grade state certificates and state professional certificates are required to attend the institute unless excused by the county superintendent. Teachers holding pqsitipns in schools organized under subdivision 14 are required to attend the city or county institute unless excused by the city superintendent. SUBDIVISION XI.— SCHOOL FUNDS. Section 1. — (11703) — County treasurer collect fines, etc. — The county treasurer shall collect, or cause to be collected, the fines and all moneys for school purposes in his county, and take all proper measures to secure to each district its full amount of school funds, and all county treasurers shall report to the state treasurer and state auditor semi-annually, on or before the third Monday of April and the first Monday of November, and at such other times as the auditor may require, a statement showing the whole amount of moneys collected on account of state, county and district school tax, and from all other sources respectively, noting the interest separately and the amount received on account of licenses and fines, and from all other sources from1 which school funds are derived, together with a statement showing the amount paid out, to whom, and on what account, and at the same time the county treasurer shall pay over to the state treasurer all funds and moneys from whatever source derived, belonging to the general school fund in his hands and make a settlement thereof with the state treasurer. 1. The minimum amount that must be paid for running a saloon in the state of Ne- Nebraska is $500; this is license money and must go to the school fund. Where more than $500 is paid for the privilege of running a saloon, $500 must go to the school fund, and the remaining amount should go to the school fund or to the village or city, depending upon the purpose of the ordinance. 2. Where money is collected or paid as a condition of obtaining a license, it is license money, and not a tax, under the provisions of section 5, article 8, of the constitution. (61 Neb., 490.) 3. If the purpose of the city authorities in adopting an ordinance was to raise revenue, then the money exacted is a tax; but, if regulation was the end and object in view, the money results from an exercise of the police power and is license money. (63 Neb., 829.) 4. Whether money raised under the provisions of a municipal ordinance, requiring every person engaged in a certain occupation or business to pay a fixed sum annually into the city treasury, is license money, within the meaning of section 5, article 8 of the constitution, dependg upon the substance and purpose of the ordinance rather than upon its form. (63 Neb., 829.) 5. An ordinance having no element of regulation, and showing on its face that the sole object of the city authorities in adopting it was to raise revenue, is a tax ordinance, notwith- standing the payment of the money and obtaining of a license is a condtiion precedent to engag- ing in the business. (63 Neb., 829.) Cited 5 Neb., 102, 303. 14 Id., 347. Occupation tax. 17 Neb., 219. 19 Id., 191. 27 Id., 64. 5 Neb., 309. 9 Id., 352, 403. 40 Id., 298. Sec. 2. — (11704) — State treasurer make exhibit of school moneys. — The state treasurer shall, semi-annually, on or before the third Monday in May and the first Monday in December, make a complete' exhibit of all moneys belonging to the school fund of this state, as returned to him from the several counties, together with the amount derived from other sources, and deliver 82 NEBRASKA SCHOOL LAWS [Subdiv. 11 the same duly certified to the state superintendent; and within twenty days thereafter the state superintendent shall make the apportionment of said funds to such counties according to the pro rata enumeration of scholars in each county last returned from the county superintendent, and certify the apportionment of each to the county superintendent of the proper county and to the state auditor who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superin- tendent. Sec. 3. — (11705) — Apportionment of funds to districts. — The several county superintendents shall immediately, and within twenty days after receiving such apportionment, and after adding thereto all moneys received by the county treasurer on account of fines and licenses, apportion the entire amount as follows, to-wit: One-fourth of the whole amount to be distri- buted equally to the several districts in the county, and the remaining three- fourths of the whole to be distributed to the several districts in his county, pro rata, according to the enumeration of scholars last returned by the directors of the various districts, and no district, city, or village which shall have failed to sustain a school for the length of time required by section 14, subdivision II, of this chapter shall be entitled to receive any portion of the fund. The enumeration of pupils, on which this apportionment is based, must be made within ten days preceding the last Monday in June. See section 12, subdivision 4* The constitu- tiqn of 1875 (article VIII., section 7) provides that "no apportionment shall be made from said fund to any district for the year in which school is not maintained at least three months." Where the new district is formed in whole or in part from unorganized territory which could have no school the year before, such a district must have at least three months' school previous to the time of taking the annual census of children and report the same to the county superin- tendent before it can draw state funds. Money cannot be apportioned to counties unless the county superintendent makes a report. In order that a district be entitled to share in the apportionments made in December and June of each school year, the following conditions are necessary: The amount of school specified in section 14, of subdivision 2, must have been taught in the district in the school year which ended with the second Monday of the preceding July; the census must have been made at the proper time; and the proper reports must have been made to the county superinten- dent. See sections 12 and 17, of subdivision 4, and section 10, of subdivision 11. Sec. 4. — (11706) — New districts. — When a district is formed from other districts where during the preceding school year school had been kept open the term required by law, such new district will be held and deemed to have had school the lawful time, and apportionment shall be made to it accord- ingly. Money in the county treasury, whether derived from fines or licenses, or from the state, should all be apportioned in the same manner, viz., one-fourth equally among the districts, three fourths pro rata. Money derived from a license issued by the authorities of an incorporated city or vil- lage authorized to grant licenses goes into the school fund of that city or village; all other license moneys go into the school fund of the county. See 29 Neb.. 348. Sec. 5. — (11707)— Fractional districts. — In making the "one-fourth" apportionment each fractional district shall receive one-half as much as a full district. Sec. 6. — (11708) — Records of apportionment. — The county superin- tendent shall immediately after making such apportionment enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the re- Subdiv. 11] SCHOOL FUNDS 83 spective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer when properly countersigned by the moderator. The county treasurer is not authorized to pay out county school fund until it has been apportioned by the county superintendent. 11 Neb., 238. Sec. 7. — (11709)— No fees for receiving or paying. — County treasurers are not allowed to charge a per cent for receiving and disbursing the state school appropriation. Sec. 8. — (11710) — Misuse of funds. — School district treasurers are for- bidden to lend or use any part of the school moneys which may be in their hands, under penalty of fine and imprisonment, under the provisions of the statute regarding embezzlement. Sec. 9. — (11711) — Certificate of financial and census reports. — Here- after before a school district treasurer shall be allowed to draw the state appor- tionment from the county treasurer, he must present a certificate from the county superintendent setting forth that such district has had the legal number of months' school, has made the census report properly, and has made the proper financial report. Sec. 10. — (6759) — Interest on warrants and bonds. — All warrants or orders hereinafter issued by the proper authorities of any county, city, town- ship, school district, or other municipal subdivision less than a county, except school districts in metropolitan cities and cities of the first class, shall draw interest from and after the date of presentation for payment at the rate of seven per cent per annum. All warrants or orders hereinafter issued by the proper authority of any school district within the corporate limits of a metropolitan city or a city of the first class shall draw, interest from and after the date of presentation for payment at the rate of five per cent per annum. All warrants hereinafter issued by the proper authorities of this state shall draw interest at the rate of four per cent per annum from the date the same are presented for payment. No bonds hereinafter issued by any county, city, township, precinct or school district shall draw interest at a rate exceed- ing six per cent per annum. Sec. 11. — (11349) — Warrants, when payable. — All warrants upon the state treasurer, the treasurer of any county, city school district, or other municipal corporation shall be paid in the order of their presentation therefor. If there is no money on hand with which to pay warrants when presented, the war- rants shall be registered in the order of their presentation, and as soon as there are funds in the hands of the district treasurer it becomes his duty to notify the holder of the registered warrants and to pay them in the order of their registration, regardless of when the tax was levied. It has been held by the supreme court of Nebraska that the statute of limitations runs, for or against school districts the same as for or against individuals. 22 Neb., 205. Where school districts, having registered warrants outstanding, consolidate into one district, said warrants should be paid in the order of their registration, as shown by the date of the endorsement thereon, without regard to which of the original districts issued the war- rants. School districts have no powers except those conferred by statute or necessarily im- plied therefrom. Their ability to pay debts is restricted by laws authorizing them to levy taxes, within fixed limits only, and by the funds arising from such levies, from fines and from other lawful sources. For the current expenses of running their schools they cannot incur indebtedness greater in amount than their revenue from all sources, and where a contract for such expenses provides for payment of a sum in excess thereof it is, to that extent, void. It does not follow, however, that taxes must actually be paid into the treasury before they can be made a basis for incurring debts. The supreme court has recently said: "Taxes levied at the annual school meeting held just prior to the commencement of the school year consti- tute a fund against which warrants may be drawn." Zimmerman vs. State, 83 N. W., 919. 84 NEBRASKA SCHOOL LAWS [Subdiv. 11 Sec. 12. — (11350) — Warrant register. — The treasurer of this state, and the treasurer of every county, city, school district, or other municipal cor- poration, shall keep a warrant register, which register shall show, in columns arranged for that purpose, the number, date, and amount of each warrant presented and registered, as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the. name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered, is mailed as hereinafter provided. Sec. 13. — Endorsement. — It shall be the duty of every such treasurer, upon the presentation of any warrant for payment in the presence of such person, to enter such warrant in his warrant register for payment, in the order of its presentation, and upon every warrant so presented and regis- tered he shall endorse "registered for payment/' with the date of such regis- tration, and shall sign such endorsement; Provided, That all warrants out- standing at the time this act takes effect shall be presented for payment or registration by August first (1st), 1891, shall not draw interest after such date unless so presented. Sec. 14. — (11352) — Separate package for each warrant — Notice. — It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for £he payment of such war- rant is received to the credit of the particular fund upon which the same is drawn. Such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is registered, and interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of mailing of such notice upon such sealed package. Sec. 15. — (11355) — Receipts by city treasurer. — The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise; one of which duplicates the treas- urer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office. Sec. 16. — (11356) — Treasurer's duties — Cash book — Register. — Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of the year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the account for that year in such register, and shall carry forward the excess. Sec. 17. — (11357) — Failure to keep bookj — Penalty. — Any such treas- urer who shall fail regnlarly to enter upon his cash book the amounts so received and receipted for, or, who shall fail to keep his cash book footed up Subdiv. 11] SCHOOL FUNDS 85 from day to day, as required by this act, for the space of three days, shall forfeit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought. Sec. 18. — (11358) — Inspection of books. — The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid. Sec. 19. — (11359) — Failure to notify— Penalty. — Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent on the amount of such warrant, and ten per cent additional for every thirty days thereafter during which such failure shall continue. Sec. 20. — (11360) — Failure to register or pay — Penalty. — Any such treasurer, who shall fail to register any warrant, in the order of its presenta- tion therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought. Sec. 21. — (11361) — Duplicate for lost warrant. — Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" wiitten or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presenta- tion and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine endorsement thereon or otherwise. Sec. 22. — (11264) — Investment of sinking fund. — When any warrant issued by the proper authorities of any county, township, city, town, or school district shall have been presented for payment and the same is not paid for want of funds, it shall be lawful for, and is hereby made the duty of such treasurer upon and under the direction of the board of county com- missioners, or supervisors of such county, to purchase and take up such registered warrants with sinking funds in his hands and to hold such war- rants for the benefit of the fund so invested, till the same is paid in its order as provided by law. Sec. 23. — (11265) — Same. — The board of county commissioners, or supervisors of any county in this state, is hereby authorized to provide for 86 NEBRASKA SCHOOL LAWS [Subdiv. 12 the purchase and taking up of registertu warrants, as provided for in section 1 of this act, out of the sinking funds in the hands of the county treasurer, whenever in the judgment of such county board the same shall be safe and expedient. Before so investing any sinking funds the county board shall fix and prescribe, and enter of record general directions and authority to such county treasurer, as to the funds to be so invested, specifying the funds to be so invested, and kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable; Provided, That not more than fifty per cent of the money so coUected on any given sinking fund shall be so invested in warrants at any given time, and provided further, that when practicable the warrants drawn by any given authority shall be pro- vided for as above from the sinking funds belonging to the organization issuing such warrant, and of such provisions such county board shall give the treasurer notice. Sec. 24. — (11266) — Same — Cities. — The city council of any incorpor- ated city of this state may make similar provision for the taking up of war- rants out of the sinking funds in the hands of the city treasurer of such city, provided, that the warrants to be so purchased shall be limited to those of its own issue, or to those of any school district situated mainly or wholly within the boundaries of such city, and upon notice given of such direction, it shall be the duty of such treasurer to so take up such warrants. Sec. 25. — (11267)— Same — School districts. — The school board of any school district in this state is hereby authorized to direct the legal custodian of any of its sinking funds, to invest such sinking funds in the warrants of such school district, in like mariner as hereinbefore provided for, provided, that the investment of such school district sinking fund under this section shall be limited to the warrants of its own issue, and upon such direction of the school board, the custodian of such sinking funds shall preceed to take up the warrants of such school district as herein provided for. SUBDIVISION XII.— SCHOOLHOUSE SITE. Section 1. — (11715) — Condemnation. — If the owner of any real estate on which a school board may desire to locate a schoolhouse, or which the school board needs for an extension of school grounds, refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint three disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county superintendent, giving amount of land and damates, with exact location of land, and who shall file and preserve the same Subdiv. 12| SCHOOLHOUSE SITE 87 in his office. Each person acting as such appraiser shall receive the sum of two dollars per day for his services. Provided, however, that whenever it shall become necessary to appropriate private property for general school purposes in school districts in cities, and such appropriation shall be declared necessary by resolution of the board of education of a school district organized within the limits of a city which said resolution shall be conclusive of the necessity for such appropriation, the county judge of the county in which said real estate may be situated, shall upon the application of said board of education of such school district located in a city, appoint three disinterested freeholders of the school district in which such real estate is situated, who, after being duly sworn to perform the duties of their appointment with fidel- ity and*impartiality, and after reasonable notice to the owners and parties in- terested in said property, the time and manner of said notice to be determined by the order of said county judge, shall assess the damages to the owners of the property and parties interested therein respectively taken by such appropri- ation. Such assessment shall be reported in writing to the county judge of said county and if the same shall be confirmed by said board of education, the damages so assessed shall be paid to the owners of such property or deposited with the county judge of said county, subject to the order of such owner or owners, respectively, after which such property may at any tirrte be taken for the use of the school district and said school district shall be entitled to the pro- cess of the court to place it into immediate possession of said property. If the assessment be not confirmed by the board of education, proceedings may be taken anew to assess the damages upon application of the board of educa- tion for the appointment of other and different appraisers, whereupon said county judge shall make an order of appointment of different appraisers and proceedings shall be had in like manner as herein provided for. Sec. 2. — (11716) — Costs. — The school board shall pay the cost of this appraisement, and. after paying to the owner of the land the amount of damages assessed may enter upon and occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest. Provided, however, That property taken under the provisions of this act by school districts in cities shall vest a fee simple title in such school district. Sec. 3. — (117 17"i — Restrictions.— When the land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken within twenty rods of any residence. Provided, however, that the provisions of this section shall not apply to school districts in cities. Sec. 4. — (11718) — Appeal. — The owner of land thus taken may appeal to the district court, and such appeal shall be taken within sixty days and in the same manner and by the same proceedings as in cases of con- demnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater dam- ages than the committee of appraisement gave. Provided, however, 88 NEBRASKA SCHOOL LAWS [Subdiv. 13 that in the exercise of the right of eminent domain by school districts in cities, the owner of the land thus taken shall have the right to appeal from the assessment of damages to the district court of the county in which such property is situate within thirty days after the assessment provided for in this act and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof duly certified to the secretary of the board of education of such school district to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken and in no case shall said school district be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal to a greater amount of damage than was awarded by said freeholders. The remedy by appeal herein allowed, shall be deemed and held to be exclusive. Upon appeal being taken by any person from any award or assessment of damages, the school district shall the have right, by giv- ing five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeal shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeal such priority and precedence. The proceedings on appeal to the district court and for review by the supreme court of the proceedings on appeal shall be similar to the proceedings in like cases under the laws of the state which shall apply thereto so far as applicable. Sec. 5. — (11719) — Site on school land. — When it is desired to locate a schoolhouse site on school land belonging to the state, the state land com- missioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases. SUBDIVISION XIII.— STATE NORMAL SCHOOLS. Section 1. — Board of Education. — The state normal school shall be under the direction of a board of education, consisting of seven members, five of whom shall be appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of said board; Provided, That the present appointed members of the board shall continue to hold their several offices till the limit of the time for which they were appointed. All vacancies occurring in the board shall be filled by appointment of the governor. Sec. 2. — (11721) — Officers. — The members of . the board of education, shall annually elect a president and a secretary from among their own number Subdiv. 13] STATE NORMAL SCHOOLS 89 and the state treasurer shall be treasurer of the board by virtue of his office. Sec. 3. — (11722) — Record of secretary — Report. — It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made during the preceding year, vouchers for which shall be kept on file in the office of the secretary, and open to the inspection of the governor, auditor, and members of the legislature. Sec. 4. — (11723) — Appointment of principal, teachers, and emplyoees — Removal. — The said board shall have power to appoint a principal, assistant teachers, and such other employees as may be required, to fix their compen- sation and prescribe their duties. They shall have power to remove all persons appointed by them, provided that the affirmative votes of four members of the board shall be necessary to remove a principal or an assistant during the time for which such persons were appointed. Sec. 5. — (11724) — Compensation. — The board of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board. Sec. 6. — (11725) — Regular meetings. — The board shall hold each year two regular meetings, the last week of the spring term in June, and the last week of the winter term in December, and such special meetings as may be found necessary. Sec. 7. — (11726) — Rules and regulations. — The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, etc., belonging to the land. Sec. 8. — (11727) — Principal, chief executive officer. — The principal shall be the chief executive officer of the school, and shall be responsible to the board for the control and management of the same. All teachers and other subordinates in said school shall be under the direction of the principal, sub- ject to the general regulations of the board. Sec. 9. — (11728) — Morals. — The board in their regulations, and the principal in his supervision and government of the school, shall exercise a watchful guardianship over the morals of the pupils; but no religious or sectarian test shall be applied in the selection of teachers, and none shall be adopted in the school. gec> 10. — (11729) — Certificate. — Any student of good moral character having completed the elementary course of the state normal schools of this state shall be granted an elementary state certificate by the board of educa- tion of the state normal schools, which shall be good for a term of not less than one year and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Any student completing the higher course of study in a saticfactory manner shall be granted by the board of education of the state normal schools a diploma which shall be recognized as a first grade [state] certificate, which shall entitle the holder to teach in any of the schools of the state without further examination for the space of three years. Any 90 NEBRASKA SCHOOL LAWS [Subdiv. 13 graduate of the higher course, who shall, after graduation, teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct and satisfactory discharge of pro- fessional duties from the board or boards of directors of the district or districts in which the applicant taught, countersigned by the county superintendent of the proper county or counties, shall be granted by the board of education of the state normal schools an additional diploma which shall be recognized as a professional state certificate good for life. Provided, That any teacher producing satisfactory proof of three years' successful teaching previous to graduation in the higher course of study may receive such diploma upon graduation. Provided, That no life diploma shall be in force after its holder shall permit a space of three years to laspe without following some educational pursuit; unless said diploma be endorsed by the state superintendent; Pro- vided, That each holder of a certificate from the elementary course, or a diploma from the higher course, shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of said county. Sec. 11. — (11730) — Control of funds. — All funds appropriated for the use and benefit of the normal school, together with the income arising from the lease and sale of the endowment lands belonging to said school, shall be under the direction and control of said board of education, subject to the provisions herein contained. The treasurer shall pay out of the proper funds all drafts for moneys to be expended under the provisions of this subdivision, such orders or drafts to be drawn by the auditor on certificates by the secre- tary, countersigned by the president of the board. No such certificates shall be given except upon accounts audited and allowed by the board in open meeting. Sec. 12. — (11731) — Endowment. — All the lands remaining unsold of the twenty sections heretofore appropriated as an endowment fund for the state normal school, and all the endowment fund hitherto derived from the sale of such lands, shall be, and the same is hereby, confirmed as such endow- ment, to be forever used for this purpose. Sec. 13. — (11732) — Matriculation fee. — Students, when entering the school for the first time, shall pay a matriculation fee of five dollars. The moneys thus received shall be paid into the hands of the state treasurer, and shall be held as a library fund, and the board of education shall, from time to time, appropriate the same for the purchase of books for the normal school library. Sec. 14. — (11733) — Dormitory.— All moneys received for the use of rooms in the dormitory shall be expended by the board in repairs of dormi- tory and the furniture of the same, whenever such repairs are needed. Sec. 15. — (11734) — Purpose. — The exclusive purpose of this school is the training and instruction of persons, both male and female, in the art of teaching and managing schools, and in the principles and practice of the var- ious branches of learning taught in our public schools. Subdiv. 13] STATE NORMAL SCHOOLS 91 Sec. 16. — (11735) — Admission of pupils. — The board shall make such rules and regulations for the admission of pupils to the school as may seem to be best for the interest of the school and not in- consistent with the purpose for which the school has been estab- lished. No pupil shall be admitted to said school or schools who does not possess at least a two years' high school education, or its equivalent, as outlined in the Nebraska high school manual issued jointly by the University of Nebraska and the state superintendent of public instruction. Provided, That pupils of mature age, who have completed the course of study in their home districts, or its equivalent, may be admitted to a preparatory depart- ment under such rules and regulations as the board may prescribe. Pro- vided further, That nothing in this act shall apply to the junior normals or to the attendance at the summer term of the normals. [Sections 17, 18, 19, 19a, 19b, 19c, 19d and 19e, establishing new state normal schools are omitted.] JUNIOR NORMAL SCHOOLS. Sec. 20. — (11742) — Establishment. — That there be and there hereby are established in the state of Nebraska not less than five and not more than eight junior normal schools at such time and places as are hereinafter desig- nated. Sec. 21. — (11743)— Terms, time and places of holding. — The terms and time of holding said junior normal schools shall be not less than six nor more than eight weeks between the first day of June and the first day of September of each year. Three of these junior normal schools shall be established and maintained in the public school districts of Alliance, McCook and Valentine and at not more than five other places to be rdetemined by the state superin- tendent of public instruction. In case epidemic sickness or the destruction of the school house shall render it impracticable in any one year to hold a jumor normal school in any place where such school is established, the state super- intendent of public instruction may locate it elsewhere for that year. At each place where a junior normal school is established the public school buildings, textbooks and apparatus of the public school district shall be placed at the service of the state, without cost, under the jurisdiction of the state superin- tendent of public instruction. In each county where a junior normal school is established not less than three-fourths of the entire institute fund shall be used by the state superintendent of public instruction toward defraying the expenses of such junior normal schools. No junior normal school shall be established in any county where the amount appropriated for the county institute fund by the county board is less than one hundred ($100) dollars each year. In each county where a junior normal school is located the county superintendent of such county shall designate one week of the junior normal school as the institute week in and for his county. Any county superintendent in a neighboring county to that in which a junior normal school is located may 92 NEBRASKA SCHOOL LAWS [Subdiv. 13 designate one week for the junior normal school as the institute week for his county. Sec. 22. — (11744) — Organization and Management. — The organization and management t>f said junior normal schools shall be under the jurisdiction of the state superintendent of public instruction and he shall select the prin- cipals and the instructors for said schools and shall make and complete all other arrangements for the successful operation of said schools. Sec. 23. — (11745) — Course of study, credit. — The course of study pur- sued at said junior normal schools' shall be the elementary course of the regularly prescribed courses of study for the state normal schools. Any student in regular attendance and pursuing and completing any of said studies in a satisfactory manner shall be granted a certificate to that effect signed by the principal of the junior normal school and the state superin- tendent, which certificate shall entitle the holder to proper credit at the state normal schools and at all schools authorized by law to grant teachers' cer- tificates. Any student in regular attendance at any junior normal school and pursuing and completing the prescribed elementary course of study of the state normal schools in a satisfactory manner shall be granted by the board of education of the state normal schools an elementary state certificate of the same tenor and effect as the certificate to teach issued to graduates from the elementary course of the state normal schools. NORMAL TRAINING IN HIGH SCHOOLS. Sec. 24. — (11639) — Purpose. — For the purpose of giving teachers an opportunity to meet the requirements in normal training as provided in sections 5548g and 5548h, chapter 79, Compiled Statutes of Nebraska for 1905, provision is hereby made for such training in the high schools of Ne- braska. Sec. 25. — (11640) — State superintendent designates high schools. — The state superintendent of public instruction shall designate the high schools in which such instruction shall be given, distributing them among the sixty- seven representative districts of the state, as nearly as well may be, having reference to the number of representatives in each, and to the location and character of the high schools selected. Sec. 26. — (11641) — Admission — Regulations. — The state superintend- ent shall prescribe the conditions of admission to the normal training classes, the course of instruction, and the rules and regulations under which such instruction shall be given. Sec. 27. — (11642) — Requirements governing approval of high schools for normal training. — In approving a high school for normal training as contem- plated in this act, the state superintendent shall be governed by the following general requirements, except that in any county not having a high school Subdiv. 13] NORMAL TRAINING IN HIGH SCHOOLS 93 which can qualify under these requirements the state superintendent of public instruction may designate a high school of lower grade for giving such normal training. 1. A high school in order to be approved for normal training must be a school accredited to the University of Nebraska. 2. At least two teachers exclusive of the city superintendent shall give their entire time to instruction in high school branches. 3. Normal training as provided in this act shall be given in the eleventh and twelfth grades. Credit for such training shall be given upon the comple- tion of the prescribed course in normal training and the regular high school course of study. 4. The course in normal training shall be elective, and shall consist of the three following lines of study: (a) A review for at least nine weeks in each of the following subjects — reading, grammar, arithmetic, and geography — to be given not earlier than the eleventh grade. This work shall include subject matter, underlying principles and methods of teaching, and should enable the student to ap- proach the subject from the standpoint of teacher as well as that of student. It shall be given by well trained, experienced teachers. (b) A study of American history for at least one semester in the eleventh • or twelfth grade. (c) At least seventy-two periods of professional training to include a study of methods, school management, observation work, etc., to be given in the senior year by the city superintendent of schools or by a member of the high school faculty recommended by him and approved by the state superin- tendent of public instruction. 5. Schools offering this course shall have a reference library of at least three volumes on each of the following fields of professional study — history of education, principles of education, methods, and special training in indus- trial education, including agriculture. 6. In case elementary agriculture is not in the regular course of study it shall be required in the course in normal training. 7. Every high school approved for normal training shall instruct a class of not less than ten, and every scholar admitted to such class shall continue under instruction not less than eighteen weeks in order to be counted in such class. . Sec. 28.— (11643)— Amount of state aid.— The sum of seven hundred ($700.00) dollars for the biennium shall be paid from the appropriation pro- vided herein to each school district in which a class of not less than ten is organized and instructed in accordance with the provisions of this act. Sec. 29. — (11644) — Expenses of inspection. — The appropriation pro- vided by this act for instruction in high schools of scholars in the science and practice of common school teaching shall be deemed to include and shall include due inspection and supervision of such instruction by the state super- intendent of public instruction, and the expenses of such inspection and supervision shall be paid out .of said appropriation on vouchers certified by the state superintendent. 94 NEBRASKA SCHOOL LAWS [Subdiv. 14 Sec. 30. — (11645) — Payment — Secretary of board — Warrants. — The sec- retary of the board of education of each school district meeting the require- ments for normal training as herein provided shall on or before the last Mon- day in June of each year make a report, under oath, to the state superintend- ent of public instruction showing how many scholars have met the minimum requirements for normal training as countemplated by this act. The state superintendent shall on or before the second Monday in July of each year apportion the money earned to each school that has fully complied with the requirements of this act. It shall be the duty of the state superintendent to certify the apportionment for the several school districts of the state to the state auditor, who shall draw warrants on the state treasurer in favor of the secretary of the board of education of the various school districts for the sums so specified by the state superintendent of public instruction. It shall be the duty of the state treasurer to redeem each warrant drawn on him by the state auditor and to rermt the same to the secretary of the board of education of the proper school district. SUBDIVISION XIV.— SCHOOLS IN CITIES. Section 1. — (11791) — General control. — That the territory embraced within the corporate limits of each incorporated city or village in the state of Nebraska, or those hereafter incorporated as such (together with such addi- tional territory and additions to said city or village as may be added thereto), as declared by ordinances to be the boundaries of such city or village, having a population of more than fifteen hundred (1,500) inhabitants, including such adjacent territory as now is, or hereafter may be attached for school purposes, shall constitute one school district, and be known by the name of "the school district of (name of city or village), in the county of (name of county), in the state of Nebraska," and.as such, in that name, shall be a body corporate and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law, and the title to all school buildings or other property, real or personal, owned by any school district within the corporate limits of any city or village, shall upon the organization of the district under the provisions of the subdivision vest immediately in the new district; and the board of education, by this subdivision provided, shall have exclusive control of the same for all pur- poses herein contemplated; Provided, that any territory not included in the corporate limits of any city or village and containing territory or a number of children sufficient to constitute a school district under the provisions of this chapter, may, by petitions signed by at least a majority of the legal voters Subdiv. 14] SCHOOLS IN CITIES 95 of such territory, and a majority of the board of education of such city or village, be, by the county superintendent, erected into a separate district under the conditions imposed by this chapter. [Amended 1909.] Consolidation of district; payment of debts.. 15 Neb., 4. Cited 10 Id., 12. See sections 5 8, subdivision 6. Sec. 2. — (11792) — Free schools. — That all schools organized within the limits of said cities shall be under the direction and control of the boards of education authorized by this subdivision. Such schools shall be free to all children between the ages of five and twenty-one years, whose parents or guardians live within the limits of said district, and all children of school age non-residents of said district who are or may be by law allowed to attend said school without charge. Sec. 3. — (11793) — Board of education. — The board of education con- templated by this subdivision shall consist of six members who shall be elected upon a general ticket from among the legal voters who are tax payers at the time for holding the general city election in each year. At the first election in cities organized under this act two members shall be elected for the term of three years, two for two years, and two for one year, and annually thereafter two members shall be elected for three years and until their suc- cessors are elected and qualified and installed in office. Provided, That in cities of the first class having a population of less than forty thousand and more than five thousand inhabitants the board of education shall at the option of the school district consist of nine members who shall be qualified electors of said city, and shall be actual tax-payers, who shall be elected at the times and hold their offices for the terms hereinafter prescribed, to wit: At the first annual city election held after organizing under this act, three members shall be elected for the term of three years, three for two years, and three for one year, and annually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified. Provided further, That in cities of the first class, having a population of more than forty thousand and less than a hundred thousand, the board of education shall consist of six members who shall be elected in manner following: At the general city election to be held in the year 1905, and every six years thereafter, there shall be elected two members of said board of edu- cation for a term of six years. At the general city election to be held in the year 1907, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. At the general city election to be held in the year 1909, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. Provided, That incumbents in office whose terms expire subsequent to the general city election of said city for the year. 1905, shall be privileged to continue in office until their successors are elected and qualified as herein provided; those whose terms shall first expire shall be superseded by those first elected under the provisions of this act. Said members of the board of education shall enter upon the duties of their office on the first Tuesday succeeding their election In event of a vacancy among the members of said 96 NEBRASKA SCHOOL LAWS [Subdiv. 14 board of education, said vacancy shall be filled by nomination by the mayor and confirmation by the city council, and such appointment shall continue for the unexpired term. Sec. 4. — (11794) — Election. — That the ballots for the election of mem- bers of the board of education, for authorizing the issuance of bonds, or the purchase of sites and erection of buildings, shall in all case.s be deposited in boxes especially prepared for that purpose, and be received, and returns made by the regular election board; but the returns for the election of members shall be convassed in the same manner as provided for in the case of city officers; the returns for the issuance of bonds, purchase of sites, and erection of buildings shall be made to and canvassed by the board of education. Sec. 5. — (11795) — Oath of office. — That all persons elected as members of boards of education shall, on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his election shall be void, and the vacancy thereby occasioned shall be filled by the board as hereinafter provided. Sec. 6. — (11796) — Meetings. — That the regular meetings of the boards of education shall be held upon the first Monday of each month; but special meetings may be held from time to time, as circumstances may demand, and all meetings of the board shall be open to the public, unless otherwise speci- ally ordered. Sec. 7.— (11797)— Officers— Rules.— That the boards of education shall have power to select their own officers and make their own rules and regula- tions subject to the provisions of this subdivision and of this act; but no member of the board, except the secretary, shall accept or receive any com- pensation for services performed in discharging the duties of his office. Sec. 8. — (11798) — Election of officers. — The term of members elected shall begin with the first Monday in May succeeding their election each year, and the members of the board shall thereupon elect a president and vice- president from their own number, and a secretary either from their own num- ber or outside, in the discretion of the board, and they shall determine the salary of such secretary, not to exceed, however, $720.00 per annum, pro- vided that the limitation of salary shall not apply to school districts compris- ing territory within the corporate limits of cities of the first class having a population of more than 40,000 and less than 100,000. Each of said officers shall serve for the term of one year or until their successors are elected and qualified. They may also elect at any regular meeting one superintendent of public instruction with such salary as the board may deem best, and they may enter into contract with him in accordance with their discretion, for a term not to exceed three years. The election of the officers of the board, of the superintendent and teachers, and all elections for filling vacancies on the board shall be by ballot, and no person shall be declared elected except he receive the vote of a majority of all the members of the board. Sec. 9. — (11799) — President. — That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered Subdiv. 14] SCHOOLS IN CITIES 97 by the board of education to be drawn upon the city treasurer for school moneys. Sec. 10.— (11800)— Vice president.— 1 hat it shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. Sec. 11. — (11801) — Secretary. — That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other person to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate. Sec 12. — (11802) — Secretary's bond. — That before entering upon the discharge of his duties the secretary of the board shall give bonds in the sum of not less than one thousand dollars, to be determined by the board, with good and sufficient sureties, and shall take and subscribe an oath or affirmation before a proper officer, that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office. Sec. 13. — (11803) — Treasurer. — That the city treasurer of such city shall be ex officio treasurer of the school district. He shall attend all meet- ings of the board when required so to do, and he shall prepare and submit in writing a monthly report of the state of its finances, and he shall pay school moneys only upon warrants signed by the president of the board or, in his absence, by the vice president, and countersigned by the secretary. He shall give a bond payable to the county in such sum as may be fixed by the board of education, which bond shall be signed by one or more surety companies of recognized responsibility, and the cost of such bond shall be paid by the school district. Sec. 14. — (11804) — Property and funds. — That within ten days after the permanent organization of a board of education as provided for in this subdivision, it shall be the duty of all officers of school districts within the limits of cities aforesaid to deliver to the officers of the board all property, funds, and papers entrusted to their care, for the use of the public schools of such cities, and all funds thus received shall be immediately paid to the treasurer of the board, and be by him placed to the credit of the school district provided by this subdivision. Sec. 15. — (11805) — Vacancies, how filled. — That the boards of education shall have power to fill any vacancies which may occur in their body from among the legal voters who are tax payers; Provided — Vacancy filled by election. — That any vacancy occurring more than ten days previous to the annual city elections, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "To fill unexpired term." Sec. 16. — (11806) — Quorum. — That a majority of all the members of 98 NEBRASKA SCHOOL LAWS tSubdiv. 14 each board of education shall constitute a quorum, but a less number in attend ance at any regular meeting shall have, and a quorum at any special meeting may have, power to conpel the attendance of absent members, in such a manner, and under such penalties as such board shall see fit to prescribe; and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or consent of the board, removal from the district, or resignation accepted by the board shall vacate his position on the board, and such vacancy shall be filled in accordance with the provi- sions of this subdivision. Sec. 17. — ( 1 1807) — Accounts audited. — That all accounts shall be audited by the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred dollars shall be voted by the board, except in accordance with the provisions of a written contract; nor shall any money be appropriated out of the school fund, except on a recorded affirmative vote of a majority of all the members of the board, and said accounts and the records of said board in cities of the first class shall at all times be subject to the inspection and examination of the auditor of such city, whose duty it shall be each month to examine said records and check said accounts and from time to time, as may be required by ordinance or resolution of the city council, report to said council the nature and state of said accounts, and any facts that may be required concerning said records. Sec. 18. — (11808) — Census. — That the boards of education shall annu- ally cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, who shall report the same, together with such other information as required by sections twelve (12) and seventeen (17) of subdivision IV of this chapter, to the county superintendent of public instruction, at the time specified by law for like returns from other districts. In order that the county superintendent may legally apportion to a city school district its full share of the state apportionment of public school moneys, the secretary of the board of education of the city school district must file with the county superintendent, under path, a statement showing that each and every teacher in such school district is legally qualified to teach therein. This statement must show the grade of the certificate held by each and every teacher, when, where, and by what authority issued, and on what qualifications. This report should be made to the county superintendent at the time the city school district files its report of the school census. Sec. 19. — (11809) — No person shall be elected to a position in any city school as teacher, principal, supervisor, or superintendent who does not hold the legal city certificate entitling him to teach the grades or subjects to which elected. See Section 5, Subd. 9a, for law governing issuance of city certificate. Sec. 20. — (11810) — Contract with member illegal. — It shall be unlawfu for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of schoolhouses, or for warming, ventilating, furnishing, or repairing the same, or to be in any manner connected with the furnishing of supplies for the maintenance of the schools. Sec. 21. — (11811) — Sale of district property. — No school property of any kind belonging to any school district shall be sold by the board of education, Subdiv. 14] SCHOOLS IN CITIES 99 except (upon an order passed) at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of the board. Sec: 22. — (11812) — Payment of debts of superseded districts. — Each of the school districts provided for in section 1 of this subdivision shall have the power, and it shall be the duty of the board of education to provide for the payment of debts created by school districts or other school organizations superseded by the districts herein provided for, when such debts have been incurred in the erection of schoolhouses, or for other school purposes; if any portion of such debts shall be in the form of bonds, if issued for a valuable consideration, and in accordance with law, the validity of which has not been called in question, or if called in question have been declared by courts of last resort to be valid, the holder or holders thereof, on surrendering the same to said board, shall have the right to demand, and it shall be the duty of said board, in the name of the district created by this subdivision, to cause to be issued other bonds of like amount, of the same tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases where only a part of a district shall be embraced within the district created by this subdivision, whenever said fractional part shall peti- tion and become a part of said district, as provided for in section 1 of this subdivision. Provided — Apportionment of indebtedness. — The latter shall assume and pay only such proportion of the debt o.f the divided district as the assessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts for the purpose of forming one school district within the limits of a city of the first class, it shall be the duty of the county superintendent of public instruc- tion, the president of the board of education, and the director of the school district, to appraise and adjust all claims or assets in such a manner that each district shall bear its proportion of the indebtedness, as heretofore provided, and have its proportion of the assets of said district. Sec. 23. — (11813) — Estimate of funds needed. — That the board of educa- tion shall annually, during the month of June, report to the county commis- sioners an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, the amount of funds required for the purchase of school sites, the erection of school buildings, the payment of interest upon all bonds issued for school purposes, and the creation of a sinking fund for the payment of such indebtedness; and the county commissioners are hereby authorized and required to levy and collect the necessary amounts the same as other taxes; a duplicate of said certificate shall be filed by the board with the city council. Cited 36 Neb., 263. Sec. 24.— (11814)— Limitation of taxation— Bonds.— That the aggregate school tax, exclusive of school bond taxes, shall in no one year exceed thirty- five mills. But the board of education may bofrow money upon bonds which they are hereby authorized and empowered to issue, bearing a rate of interest not to exceed six per cent per annum, payable annually or semi-annually at 100 NEBRASKA SCHOOL LAWS [Subdiv. 14 such place as may be mentioned upon the[face of the bonds; which loan shall be paid and reimbursed in a period not exceeding thirty years from the date of said bonds. Provided that no bonds shall be issued nor the question of issue submitted to the voters without the consent of two-thirds of the mem- bers of the board of education, and be offered in the open market and sold to the highest bidder for not less than par value of the dollar; and provided further, that no bonds shall be issued by the board of education without first submitting the proposition of issuing said bonds at an election called for that purpose, or at any regular election, notice whereof shall be given for at least twenty days in one or more papers published within the district to the quali- fied voters of the district and if a majority of the ballots cast at such elec- tion shall be for issuing bonds, said board may issue bonds in such amount as may be named in the election notice. Provided that in cities of the first class having over twenty-five thousand inhabitants if such question is submitted at a special election, it shall require to carry the same a two-thirds majority of the votes cast at said election. Sec. 25.— (11815)— Taxes.— That all taxes collected for the benefit of the public schools shall be paid in money, and shall be subject to the order of the board of education. Sec. 26.— (11816) — Interest. — That the board of education is hereby authorized and required to provide, before the same shall become due, for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart each year, for a sinking fund, a requisite amount or proportion sufficient to pay the principal of said bonds when they shall be- come due. All moneys set apart for said sinking fund shall be invested: First— Investment — District bonds. — In the purchase and redemption of bonds of the school district, which bonds shall be purchased in open market, in such manner as the board of education shall prescribe. Second — County bonds.— In bonds of the county in which the city is situated. Third — State bonds. — In bonds of the state of Nebraska. Fourth — U. S. bonds. — In U. S. Bonds. Fifth — City bonds. — In bonds of the city. Sec. 27. — (11817)— Purchase of bonds before maturity. — That if it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this chapter, before maturity, the treasurer shall sell to the highest bidder, in open market, and in a manner prescribed by the board, such bonds or securities as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for. Sec. 28. — (11818) — Control of funds. — That all moneys arising from any source whatever, which, under any prior act or acts of the legislature of this state, are payable to any school fund of any city of the state or any moneys which are required to be set apart by the treasurer of any such city for the support and maintenance of any school heretofore organized therein, under Subdiv. 15] SCHOOL DISTRIGJ BDfe : 101 any general or special law, shall, on and after the passage of this subdivision be payable to the treasurer of the board of education, and shall be used only for the purpose specified in this subdivision. SUBDIVISION XV SCHOOL DISTRICT BONDS Section 1. — (11318) — Bonds, when issued.— The district officers of any school district in Nebraska shall have power to issue the bonds of the district, for the purpose of purchasing a site for, and erecting thereon, a schoolhouse or schoolhouses, and furnishing the same, in such district, on the terms and conditons set forth in the succeeding sections of this act. Sec. 2. — (11319) — Election to vote bonds. — No bonds shall be issued until the question has been submitted to the qualified electors of the district, and two-thirds of all the qualified electors present and voting on the question shall have declared by their votes in favor of issuing the same, at an election called for the purpose, upon a,notice given by the officers of the district at least twenty days prior to such election. All persons who are qualified to vote in a school district meeting are entitled to vote upon the proposition to issue bonds of the district whenever such question is properly sub- mitted. Women entitled to vote at school elections may lawfully vote for or against school district bonds. 86 Neb,, 135. Sec. 3. — (11320) — Petition for submission.— No vote shall be ordered upon the issuance of such bonds, unless a petition shall be presented to the district board, suggesting that a vote be taken for or against the issuing of such amount of bonds as may therein be asked for, to purchase a site for, or build a schoolhouse or houses, or for furnishing the necessary furniture, and apparatus for the same, or for all these purposes, which petition shall be signed by at least one-third of the qualified voters of such district; Provided, That the board of education in any city of the metropolitan class may order a vote upon the issuance of such bonds without a petition therefor "One-third qualified voters," how ascertained. 41 Neb., 593. Sec. 4. — (11321') — Amount of bonds. — That no such bonds shall be issued in the aggregate amount to exceed five per cent (excepting in districts having over one hundred and fifty (150) school children) of the last complete assess- ment of the taxable property of the district, for state and county purposes; nor shall any district issue bonds unless there are at least twelve (12) children of school age residing within such district. Sec. 5. — (11322) — Amount of bonds limited. — The amount of bonds shall in no case exceed five hundred ($500) dollars in those districts having less than twenty-five (25) scholars and not less than twelve (12) of school age; and the amount of bonds shall not exceed one thousand ($1,000) dollars when the number of the children of school age is twenty-five (25) or more and less 102 ' ^ERRA^SKA SCHOOL LAWS [Subdiv. 15 than fifty (50); and the amount of bonds shall not exceed two thousand ($2,000) dollars when the number of children of school age in the district is fifty (50) or more but less than one hundred (100) ; and the amount of bonds shall not exceed five thousand ($5,000) dollars when the number of children of school age in the district is one hundred (100) or more but less than one hun- dred fifty (150); and in districts having one hundred fifty (150) or more of children of school age, such amount as may be agreed upon not to exceed ten per cent of the assessed valuation of the last completed assessment. Sec. 6. — (11323) — Rate of interest. — The bonds issued under this sub- division shall draw such interest as shall be agreed upon, but not to exceed six per cent per annum. Sec. 7. — (11324) — Description of bonds. — The bonds shall specify on their face the date, amount, for what purpose issued, the time they run, and the rate of interest; shall be printed on good paper, with coupons attached for each year's or half year's interest, and the amount of each year's interest shall be placed in corresponding coupons until such bonds shall become due, in a manner, so as to have the last coupon fall due at the same time as the bond; said bonds and coupons thereto attached shall be severally signed by the director, moderator, and treasurer of the district board. Sec. 8.— (11325)— Statement by district pfficers.— It shall be the duty of the proper officers of any school district in which any bonds may be voted under the authority of any law of this state, before the issuance of such bonds, to make a written statement of^all proceedings^relative to the vote upon the issuance of such bonds, and the notice of the election, manner, and time of giving notice, question of submission, results of a convass of the vote on the proposition on account of which it is proposed to issue such bonds together with a full statement of the assessed valuation, the number of children of school age residing in the district, and total bonded indebtedness of the school district voting such bonds. Such statement shall be certified to under oath by the proper school board of the district, and be transmitted with the bonds proposed to be issued, to the auditor of public accounts. Sec. 9. — (11326) — Registration by auditor. — The auditor shall examine the statement and bonds so submitted to him, and if he be satisfied that such bonds have been voted in conformity to law, and are in all respects in due form, he shall record the statement and register the bonds in his office, and no such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of said auditor and the secretary of state, showing that such bonds are issued pursuant to law, the data filed in the office of said auditor being the basis of such certificate. Sec. 10. — (11327) — Certificate of registration. — Upon the registration of such bonds aforesaid, the auditor of public accounts shall certify the fact to the county clerk of the county in which the district is situated, and also to the proper officers of such school district, and whose duty it shall be to enter the same upon the proper records of such school district and taxes for the payment of such bonds and the interest thereof shall be levied in the manner provided by section thirteen of this act. Subdiv. 15] SCHOOL DISTRICT BONDS 103 Sec. 11. — (11328) — Non-registry. — If the auditor of public accounts is not satisfied that such bonds have [been] issued according to law, he shall return the same to the proper officer with a certificate to that effect. Sec. 12.— (11329)— Effect of act on bonds heretofore issued.— Bonds heretofore issued under any of the provisions of any law of this state may be registered in the office of the auditor of public accounts upon compliance with the provisions of this chapter, but nothing herein contained shall affect the validity of bonds heretofore issued, and not registered under any law of this state. Sec. 13. — (11330) — Taxation for payment. — It shall be the duty of the board of county commissioners in each county to levy annually "upon all the taxable property in each school district in such county a tax sufficient to pay the interest accruing upon any bonds issued by such school district, and to provide a sinking fund for the final redemption of the same, such levy to be made with the annual levy of the county, and the taxes collected with other taxes, and when collected shall be, and remain in, the hands of the county treasurer a specific fund for the payment of the interest upon such bonds, and for the final payment of the same at maturity. It shall be the duty of the county clerk to furnish a copy of his register to the county treas- urer. The county commissioners seem to be required to levy the necessary taxes for the pay- ment of bonded indebtedness of a district without any action of the voters and officers of the district. — From Maxwell's Practice, 398. Cited 22 Neb., 700. Sec. 14. — (11331) — School district defined. — That the phrase and expres- sion "school district," as used in the preceding section is hereby declared to mean, intend, and refer to the school district as it existed immediately prior to and at the time of the issuance of any bonds by said school district, in- cluding all lands and property and inhabitants comprised and contained in said school district at the time of the issuance of any bonds, and including all and any portions of said district subsequently separated from said district, whether by the formation of a new district or by any change of boundaries of said original district. Cited 19 Neb., 485. 15 Id., 1. Sec. 15. — (11332) — Excess of tax over payment due. — Any money re- maining in the hands of any treasurer, after the payment of interest due on any bonds which are a valid and legal obligation against the school district to which such money belongs, and the retention of a sufficient amount to pay the accruing interest upon such bonds for the current year, shall be retained as a sinking fund for the final redemption of such bonds, and shall be, by the treasurer, when so ordered by the school board, invested as follows, to- wit: First, in redeeming bonds of the school district issuing the same; second, in registered bonds of the county in which the district is situated; third, in the bonds of the state of Nebraska; fourth, in the bonds of the United States; Provided, That the bonds thus purchased shall in all cases be pur- chased at the lowest market price, after twenty days' notice by publication in at least one newspaper published and in general circulation at the capital 104 NEBRASKA SCHOOL LAWS [Subdiv. 15 city or town of the state; the cost of which advertising, at legal rates, shall be paid out of the sinking fund for the redemption of such bonds. Sec. 16.— (11333)— Payment, where and how made. — When the interest and principal, or interest only, of such registered bonds are payable in New York City, or elsewhere out of the stato, payment shall be therein [then] made at the place so designated in such bond or coupon, or at the commercial [financial] agency of the state for such purposes, arid in order that the funds may not be misapplied, the treasurer shall procure a draft for the amount, to be transmitted by drawing his check on some bank in this state, and both check and draft shall be so endorsed as to show upon what bond or bonds the funds shall be applied; or, at the request of the party holding or owning said bonds, payment may be made at the office of said treasurer. Sec. 17. — (11334) — County treasurer liable. — The tax and funds so collected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied, and the treasurer shall be liable on his official bond for the faithful disbursements of all moneys so collected or received by him. After the principal and interest of such bonds shall have been fully paid, and all obligations for which such fund and taxes were raised have been discharged, the county clerk, upon the order of the county commissioners, shall notify the county treasurer to transfer all such funds remaining in his hands to the credit of the district to which they belong. Sec. 18. — (11335) — Cancellation. — When any registered bond shall mature, the same shall be paid off by the treasurer, at the place where the same shall be payable, out of any money in his hands or under his control for that purpose, and when so paid the same shall be endorsed by the treas- urer on the face thereof, "Cancelled," together with the date of such payment; and thereupon be filed with the clerk, who shall enter satisfaction of such bonds upon the records of such school district. In case said bonds are payable out of the state, an allowance of one-fourth of one per cent shall be made to the treasurer for the expense attendant in making such payment to be de- ducted from any money in his hands remaining after payment of such ma- tured bonds. Sec. 19.— (11336)— Acts repealed.— That the act entitled "An act to amend an act entitled 'An act to establish a system of public instruction for the state of Nebraska,' " approved February 25th, 1875; and also those portions of the act entitled "An act to provide for the registration of precinct or township and school district bonds," in conflict with this act, and all other acts and parts of acts inconsistent with this act, be and the same are hereby repealed; Provided, That nothing in this act shall affect in any manner the validity of bonds heretofore issued. Sec. 20. — (11337) — Refunding bonds. — That any school district in the state of Nebraska which has heretofore voted and issued bonds to build, or to furnish a schoolhouse, or for any other purpose, and which bonds, or any part thereof, still remain unpaid, and remain and are a legal liability against such district, and bearing interest, is hereby authorized to issue coupon bonds at a rate of interest not exceeding six per centum per annum, to be substi- Subcliv. 15] SCHOOL DISTRICT BONDS 105 tuted in place of, and exchanged for such bonds heretofore issued, whenever such school district can effect such substitution and exchange at a rate of not to exceed dollar for dollar. Provided, That all bonds issued under the provisions of this act must, on their face, contain a clause that the district issuing such bonds shall have the right to redeem such bonds at the expiration of five years from the date of the issuance thereof. Sec. 21. — (11338) — New bonds — Description. — The new bond so issued shall have recited therein the object of its issue, the title of the act under which the issue was made, stating the issue to be in pursuance thereof, and shall also state the number, date, and amount of the bond or bonds for which it is substituted, and such new bond shall not be delivered until the surrender of the bond or bonds so designated Sec. 22. — (11339) — How issued and paid. — The new bonds as issued shall not require a vote of the people to authorize such issue, and they shall be paid, and the levy made and tax collected for their payment in accordance with laws now governing the said bonds heretofore issued. Sec. 23. — (11340) — High school redemption bonds. — That any school district in any city of the first class in this state be and is hereby authorized and empowered to issue its coupon bonds of such demoninations as the board of education of such school district may deem best, and in an amount equal to the amount 'outstanding and unpaid of bonds bearing interest at the rate of ten per cent per annum, heretofore issued for the purpose of erecting a high school building by such school district, or by any school organization or board of regents which shall have been superseded by such school district. Sec. 24. — (11341) — Condition — Description. — Any bonds issued under the provisions of this act shall be for the payment, by the school district issuing the same, of the sum specified therein, made payable in the city of New York, in not more than twenty years nor less than five years from the time they are issued, with interest at a rate not exceeding seven per cent per annum, payable semi-annually; said bonds and coupons shall be required [signed] by the president of the board of education and countersigned by its secretary; Provided, That such bonds may be made redeemable at any time after five years, at the option of the board of education Sec. 25. — (11342) — Disposition. — it shall be the duty of the board of education of any school district issuing bonds under the provisions of this act, to negotiate such bonds, but for no less than the par value thereof, and all the proceeds arising from the sale thereof shall be paid to the treasurer of the board of education, and shall be applied solely to the redemption and purchase of the bonds heretofore issued by such school district, or school organization superseded by it, for the purpose of erecting a high school build- ing, and bearing interest at the rate of ten per cent per annum; Provided, That none of the said bonds heretofore issued shall be redeemed or purchased for more than the face value thereof. Sec. 26. — (11343) — Issuance. — The bonds issued under the provisions of this act shall not require a vote of the people to authorize their issue, and they shall be paid, and taxes shall be levied and collected for their payment in 106 NEBRASKA SCHOOL LAWS [Subdiv. 15 the same manner as is now provided by law for the payment of- bonds, here- tofore issued by such school districts. Sec. 27. — (11238) — Compromising indebtedness. — That any county, pre- cinct, township,, or town, city, village, or school district is hereby authorized and empowered to compromise its indebtedness in the manner hereinafter provided. Sec. 28. — (11239) — Negotiations. — Whenever the county commissioners of any county, the city council of any city, the board of trustees of any village, or school board of any school district shall be satisfied by petitions or other- wise that any such county, precinct, township, or town, city, village, or school district is unable to pay in full its Indebtedness, and two-thirds (2-3) of the resident taxpayers of such county, precinct, township, or town, city, village, or school district shall by petition ask that such- county, precinct, township, town, city, or village, or school district, compromise such indebted- ness, they are hereby empowered to enter into negotiations with the holder or holders of any such indebtedness of whatever form, scaling, discounting, or compromising the same. Sec. 29. — (11240) — Payment. — Whenever satisfactory arrangements are made with the owner or owners, holder or holders, or any of them, of such indebtedness, for the payment of the same, the county commissioners or supervisors, for and on behalf of any such county, precinct, township or town, or the city council of any such city, or the board of trustees of any such village, or the school board of any such school district, upon petition of two- thirds of the resident freeholders of such county, precinct, township or town, village or school district shall have the authority, and they are hereby re- quired to issue the coupon bonds of such county, precinct, township and town, city, village, or school district, and after registration to deliver the same to the owner or owners, holder or holders of such indebtedness, in satisfaction of the same, not exceeding the amount of the original indebtedness. Sec. 30. — (11241) — Record. — Before issuing bonds under the provisions of this act, the board issuing the same shall by resolution enter upon its records recite the number and denomination of the bonds to be issued, the rate of interest, and to whom and when payable. Such bonds shall be payable in not more than twenty (20) years from the date of their issue, or at any time before maturity, at the option of the board issuing the same. They shall bear interest at a rate not exceeding six per cent*per annum, and not exceed- ing the rate of the indebtedness compromised, with interest coupons attached, payable annually or -semi-annually, as provided in said bonds, and said board shall levy a tax on all the taxable property in such county, precinct, township or town, city, village, or school district in addition to other taxes, to pay the interest and principal of said bonds as the same shall mature. Sec. 31. — (11242) — Record of proceedings. — Every board issuing bonds under the provisions of this act shall keep a complete record of all the trans- actions connected therewith. *Act held not to empower a school district to issue its bonds and deliver them to par- ties in compromise, or to take the place, of an indebtedness evidenced by school district war- rants. (45 Neb., 13.) *Applies to sections 29-31, inclusive. Subdiv. 16] COMPULSORY EDUCATION 107 Sec. 32.— (11243)— Detaching coupons.— That whenever a bond of any county, city, town, township, precinct, village, school district, or other muni- cipality, shall be presented to the auditor of public accounts for registration, the auditor shall examine the interest coupons thereto attached, and shall detach as many of them as shall mature before the first taxes levied to meet the same shall become due and collectible, and stamp said coupons "Detached by the Auditor of Public Accounts," and send to the treasurer of the county from which said coupons were issued. SUBDIVISION XVI.— COMPULSORY EDUCATION. Section 1. — (11819) — Compulsory attendance at public, private, or parochial school — Exemption. — In school districts other than city and metropolitan city school districts every person having legal or actual charge or control of any child or children or youth not less than seven nor more than fifteen years of age, shall, during each school year between the second Monday of July and the last Monday of June following, cause such child or children or youth to attend the public day schools for a period of not less than twelve weeks, and if the public day school of the school district in which said person or persons having charge or control of such child or children or youth may reside shall be in session during the school year between the second Monday of July and the last Monday of June following more than twelve weeks, then the person having legal control of such child or children or youth shall cause each of them to attend public day school not less than two-thirds of the entire time that said school shall be in session during the school year as aforesaid; and in no case shall such attendance be for a less period than twelve weeks. In city and metropolitan city school districts every person residing within such school district who has legal or actual charge or control of any child or children or youth not less than seven nor more than sixteen years of age shall cause such child or children or youth to attend the public day school for the full period each school year in which the public day schools of such dis- trict are in session. The portion of this act requiring attendance in public day school shall not apply in any case where the child or youth is, for a time equal to that required by this act, instructed in some private or parochial school; or in any case where the child is instructed at home or elsewhere by a person qualified to give instruction in the studies required to be taught in the public schools; or in any case where the child or youth, being of the age of fourteen years, is legally and regularly employed for his own support or the support of those actually dependent upon him; or in any case where the child or youth is^physically or mentally incapacitated for the work done in the schools, or in any case where the child or youth lives more than two miles from the school by the nearest practicable traveled road unless free trans- portation to and from such school is furnished to such child or youth. In case exemption is claimed on account of mental or physical incapacity, the school 108 NEBRASKA SCHOOL LAWS [Subdiv. 16 authorities shall have the right to employ a physician or physicians who shall have authority to examine such child or youth, and if such physician or physicians shall declare that such child or youth is capable of undertaking the work of the schools, then such child or youth shall not be exempt from the requirements of this act. In case exemption is claimed and granted on account of a child or youth of the age of fourteen years being legally and regularly employed for his own support or the support of those dependent upon him, such child or youth may, in the discretion of those charged with [the] enforcement of this act, be required to attend a public evening school or some other suitable school for not less than two hours each school day and not less than three days each week for a school year of not less than twenty weeks. All persons of from seven to eighteen years of age, who are residents of this staie, and who by reason of partial or total blindness or deafness are unable to obtain an education in the public schools of this state, shall under the provisions of this act, be required to attend the Institute for the Blind or the School for the Deaf, unless said persons are being privately or otherwise educated as in this act prescribed, or unless under the provisions of chapter 22, Compiled Statutes of Nebraska for 1905, they are not subjects for admis- sion to the Deaf and Dumb and Blind Institute of the state of Nebraska. In case exemption is claimed on account of attendance at a private or paro- chial school, as provided in this act, or on account of attendance upon suit- able instruction elsewhere given, as provided in this act, the authorities of the private or parochial school so attended, or the person or persons giving elsewhere such instruction, shall keep a record showing the names and ages of all children enrolled, the number of the school district and the county of their residence, the number of days such child or children claiming exemp- tion were members of such school or attendants upon such instruction, the days on which such pupils were present and the days on which they were absent, and the authorities of such private or parochial school, or the person giving elsewhere such instruction, as well as the authorities of all public schools shall furnish at the end of each month of school a report to the county superintendent of schools, and a duplicate of said report to the director or secretary of the school district in which such child or children reside, on blanks to be furnished or prescribed by the state superintendent of public instruction, which report shall cover said items of record as above, except that in school districts organized under the provisions of subdivision 14, 14a, or 17, chapter 79, Compiled Statutes of Nebraska for 1905, such report shall be made to the superintendent of the city schools of such district. It is hereby made the duty of such county or city superintendent, upon the receipt of the report for the first month of school in said district, and each two weeks thereafter, to compare such reports with the last census report on file in his office from such district, and prepare a list of all children or youth resident in such district who are not receiving instruction as in this act pro- vided, and to transmit said list to the officer or officers in such district whose duty it is to enforce the provisions of this act. Sec. 2. — (11820) — Truant Officers' duties— Violation of act. — Boards of education in cities, villages, and mertopolitan cities shall appoint one Or Subdiv. 16] COMPULSORY EDUCATION 109 more truant officers, who shall qualify as police officers; shall enforce the provisions of this law in the wards or districts for which they severally act; shall have authority to apprehend and take to his home or to some public, private, or parochial school any child 'found in violation of this act, and shall be compensated for his or their services in such sums as shall be determined by the board of education, to be paid out of the general school fund of the city or village. In all school districts in this state any superintendent, principal, teacher, or member of the board of education, who shall know of any violation of this act on the part of any child or children of school age, their parents, or persons in actual or legal control of such children, or any other person, shall, 31 soon as possible, report such violation to the superin- tendent of public instruction of the county, who shall immediately investi- gate the case and, if necessary, give written notice to the person or persons violating this act warning him or them to comply with its provisions; and, if in one week from the time such notices are given, such person or persons are still living in violation of this act, then such county superintendent shall file a complaint against such person or persons before the county judge of the county charging such persons with violation of the provisions of this act; Provided, That if such violation occurred within any city such superinten- dent may, in his discretion, file such complaint before the police judge of such city. Sec. 2a. — Any person or persons violating any provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not less than five ($5.00) dollars nor more than twenty-five ($25.00) dollars. [Amended 1909.] Sec. 3. — (11821) — Special schools. — That boards of education in cities may, in their discretion, establish and conduct special schools for the instruc- tion of children who cannot profitably or properly be cared for in the usual schools. Any child of school age who is habitually truant or incorrigible, or whose conduct and habits are such that he cannot with profit to himself or in justice to the other members of the school be retained and instructed in the usual schools, may upon complaint of the person having legal or actual control of such child, or upon complaint of the principal or head of the school where such child is attending, or on complaint of the truant officer be required by the superintendent of the city schools to attend a special school as pro- vided for in this section, until such time as the child's habits and conduct become such as to make it advisable and proper for him to be received again into the usual school, These special schools shall be taught in such localities as may be considered proper and suitable by the board of education; they shall give instruction in the branches required by law to be taught in the common schools; they shall be as good in conveniences, equipment, and con- dition of health as the usual schools of the city where they are situated and they shall be taught by teachers specially fitted by nature and experience to control and instruct wisely and successfully the special class of children to be educated therein. Sec. 4. — (11822) — Enumerators, duties of. — That in order that the pro- visions of this act may be the better enforced it is hereby orderedjthat all 110 NEBRASKA SCHOOL LAWS [Subdiv. 18 enumerators of persons of school age, in taking the annual school census, shall ascertain and record the place and date of birth of each child enumerated, together with the school or schools attended, or the place or places in which, or the person or persons by whom such child was instructed during the pre- ceding school year, and the person having control of such child shall take oath or affirmation that such record is true. The enumerator is hereby empowered to administer such oath or affirmation. Any person who shall refuse to take such oath or affirmation, or who shall with intent to evade any of the provisions of this act, wilfully make false statement concerning any child or children under his control and subject to the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction, shall be pun- ished by a fine of not less than one dollar and not more than ten dollars. SUBDIVISION XVIII.— TEXT BOOKS AND SUPPLIES. Section 1. — (11826) — Purchase of books by board. — District school boards and boards of trustees of high school districts, and boards of educa- tion in cities of the first and second class, and in cities of the metropolitan class, are hereby empowered and it is made their duty to purchase all text- books necessary for the schools of such district, and they are further author- ized to enter into contract as hereinafter provided with the publishers of such books for a term of years, not to exceed five (5); Provided, That the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual or corporation in the United States to be determined as hereinafter provided; And Provided further, That such contract shall guarantee to such districts any further reduction that may be granted elsewhere during the life of such contract. The text book law does not require the district boards to enter into contract for a term of years with the publishers. It is left entirely to the boards' discretion, but no such con- tract can be legally made for a term of years under the provisions of this act until the proper *bond is filed by the publishers. Subdiyisi9n 18 of the School Laws is mandatory, and it is not within the authority of the annual district meeting to vote not to furnish text-books; and under this law any patron of the district, by the proper legal proceedings, could compel the district board to furnish his children, pupils in the school, the necessary text books, notwithstanding any action or failure to act on the part of the meeting district. 891116 patron of the district should apply to the district court on behalf of the district for a writ of mandamus to compel the board to furnish to the children of the district the necessary text-books. See the case of Ambrose Affholder et al. vs. State of Nebraska, ex rel. Peter McMullen, 51 Neb., 91. In this case, in the district court of Burt county, Peter McMullen made application for a peremptory writ of mandamus to compel Ambrose Affholder and others constituting the school board of district No. 58 of said county to purchase and furnish to the children of school age of said district the necessary text-books in accordance with the free text-book law. An alternative writ was issued, and for a return thereto the. school board interposed the defense that said act was unconstitu- tional. The writ was issued as prayed, and the school board appealed the case to the supreme court. The supreme court sustained the district court. A writ of mandamus will not issue where it is not within the power of the respondent lawfully to comply, or where it would other- wise be unavailing. 46 Neb., 857. Sec. 2. — (11827) — Bonds of publisher. — Before any publisher of school books shall be permitted to enter into contract with any school district under Subdiv. 18] TEXT-BOOKS AND SUPPLIES 111 the provisions of this act, he shall file with the state superintendent of public instruction, to be approved by him, a good and sufficient bond in the sum of two thousand ($2,000) to twenty thousand ($20,000) dollars for the faithful performance of the conditions of such contracts, and the observance of the requirements of this act; and such publisher shall also file with the state superintendent of public instruction a sworn statement of the lowest prices for which his series of text-books are sold anywhere in the United States; and a failure to file such bond and sworn statement of prices shall be a good and valid defense on the part of the district against payment for any books that may be sold by such publisher prior to the date of filing such bond and sworn statement of prices; and all such contracts to which such publisher is a party made subsequent to the passage of this act and prior to filing such bond and sworn statement of prices shall be null and void. Sec. 3. — (11828) — Payment for books. — For the purpose of paying for school books, the school district officers may draw an order on the county or township treasurer for the amount of school books ordered. By decision of the attorney general the provisions of this section authorizing the dis- trict board to "draw an order on the county or township treasurer," in payment of bills for books being inconsistent with another statute is inoperative. Such order must be drawn on the district treasurer. See 19 Neb., 564. Sec^ 4. — (11829) — Same. — The county or township treasurer shall pay orders, drawn by school district officers, for the purchase of school books, out of any funds in his hands belonging to the district, except the money received from that derived from teachers' funds. Text-books may be paid for out of any funds on hand belonging to the general fund, to the incidental fund, or to a fund especially provided for this purpose. Sec. 5. — (11830) — School book trusts. — Any contract entered into under the provisions of this act with any publisher who shall hereafter become a party to any combination or trust for the purpose of raising the price of school text-books shall, at the wish of the school board of the district using such books, become null and void. Sec. 6. — (11831) — Price lists. — The state superintendent of public instruction shall, within thirty (30) days after the filing of the hereinbefore mentioned sworn statement of prices of text-books, have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the state to furnish all the school districts of such county with one copy of each; and the county superintendent shall, immedi- ately after receiving said certified copies of prices of books, send or deliver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed as a part of the records of such district; and he shall also file one of said certified copies of prices in his office as a part of the records of said office. gec> 7. — (H832) — Contract, form of. — It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of contract between district boards and publishers of school books, and to fur- nish the same, through the county superintendent, to the several district boards of the state; and no other form of contract shall be used by such dis- trict boards and publishers in carrying out the provisions of this act. 112 NEBRASKA SCHOOL LAWS [Subdiv. 18 Sec. 8. — (11833) — Violation of contract. — Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with violating the conditions of such contract as hereinbefore mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action he shall immediately begin proceedings in the name of the state to enforce the liability on the bond hereinbefore mentioned. Sec. 9. — (11834) — Property in books. — All books purchased by district boards, as hereinbefore mentioned, shall be held as the property of the dis- trict, and loaned to pupils of the school while pursuing a source of study therein free of charge; but the district boards shall hold such pupils respon- sible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. The law provides that text books shall be loaned to pupils while pursuing a course of study in the schools. It is the duty of the board of education to place books at the disposal of pupils who need to study in the evenings. If, however, in the judgment of the teacher and the board, pupils of certain classes cannot study profitably outside of school hours, it is proper to place reasonable restrictions upon the use of books at home by such pupils or classes. It is not within the authority of the school board to loan text books, which are the property of the district, to be used in schools held outside the district. Sec. 10. — (11835) — Supplies. — The provisions of this act shall include all school supplies; Provided, That nothing in this act shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary, at cost to the district; Provided further, That the board may designate some local dealer to handle books for the district, with such an increase, above contract price, to pay cost of transportation and handling, as may be agreed upon between said board and said dealer. In passing upon the constitutionality of the free text-book law, in discussing the word "supplies" the following language is used by the judge rendering the decision: "We do not think the term 'text-book' should be given a technical meaning, but that it is comprehensive enough and does include globes, maps, charts, pens, ink, paper, etc., and all other appar- atus and appliances which are proper to be used in the school in instructing the youth, and we conclude, therefore, that the act under consideration is not broader than its title, and that the term 'school supplies' found in the tenth section of this act is not foreign to the term 'text books' found in the title of the act, but is germane to and comprehended and included within the term 'text books.' " SCHOOL LIBRARIES. Sec .11 (11596) — The school board or school trustees of every school dis- trict within this state may at its discretion set aside annually from the general funds collected for the use of the district the sum of ten cents per pupil as shown by the total number of pupils within the school district at the last annual census. Said amount so set aside shall be known as the district library fund, and shall be by the school board or school trustees of such dis- trict annually invested in books other than the regular text books, which books so provided, shall be suitable for the district school library. Sec. 12. — Care. — Said school boards or school trustees shall provide for the care of such library at the schoolhouse and shall prescribe the rules and regulations under which it shall be used by the district. Sec. 13. — Exemptions. — Provided, That by direction of the school board or board of trustees of any school district in which a free public library is maintained and to the support and extension of which a sum not less than three hundred ($300) dollars is expended annually, this law shall be inopera- tive. SCHOOL LIBRARIES 113 RECOMMENDED LIST FOR 1911-1912. Primary— Grades 1, 2, 3. Author Publisher Bryce Fables from Afar Newson (Tales from the East, West, North, and South, illus- trated in colors.) Carroll Alice in Wonderland Rand (One of the juvenile classics that should be read by every child.) Gates Sunshine Annie Bobbs (The little girls will like the dolls that figure in this story) Grover Art Literature, Book II Atkinson (Reproductions of famous paintings and stories about them.) Young . ..... .Somebody's Little Girl Hinds (A delightful story of how a little girl in an orphanage found her own mother.) Uni. Pub. Co. List Net Price Lincoln $0.45 $0.40 .30 1.25 .40 .50 .27 .95 .35 .45 Andrews. . Hall. Hill... McCarter . . McDonald- Dalrymple Pumphrey , Richards . . Intermediate — Grades 4, 5, 6. . Each and All Ginn .50 .45 (A story of the home life of little girls in different coun- tries.) . Men of Old Greece Little .60 .55 (Stories of Greek heroes told in a way to be appreciated by children.) .Lessons for Junior Citizens . . . .Ginn .50 .45 (Studies in good government, well illustrated by pictures and anecdotes.) . Cuddy's Baby Crane .50 .40 (Tells of the struggles of a Kansas boy in obtaining a college education.) Betty in Canada Little .60 .50 (A well printed and illustrat- ed geographical story of life in Canada.) Pilgrim Stories Rand .45 .40 (A collection of stories about the pilgrims. Well illustrated) Golden Windows Little 1.00 .95 (Forty-four fables, simply written and exquisitely con- ceived, with a golden moral attached to each.) 114 NEBRASKA SCHOOL LAWS RECOMMENDED LIST FOR 1911-1912— Continued. Intermediate — Grades 4, 5, 6 — Continued. Uni. Pub. Co. List Net Price Author Publisher Lincoln Rocheleau Great American Industries — Transportation Flanagan .60 (Tells of methods of travel and transportation from the most primitive up to those used at the present time.) Spaulding- Bryce New Friends in Story Land .... Newson .60 .55 (Collection of stories well il- lustrated.) Tappan Robin Hood: His Book Little 1.50 1.15 (These ballads of Robin Hood picture the free and sturdy yeoman, the hero of the peo- ple.) Grammar — Grades 7, 8. Barbe Famous Poems Explained Hinds 1.00 .85 (An aid to the understanding ing and appreciation of many of the classic poems found in the school readers.) Carpenter How the World is Housed American .60 .60 (In the book the children travel over the globe and find out for themselves where the material in their homes comes from.) George Junior Republic Appleton 1.50 (A history of the famous junior republic by the founder.) Harding Story of England Scott .60 .55 (A well written and interest- ing story of the English peo- ple.) Hart How Our Grandfathers Lived . . Macmillan .60 .55 (Extracts from the sources modernized for children, tell- ing how our ancestors lived.) Montgomery. . .Anne of Avonlea Page 1.50 1.15 (Sequel to Anne of Green Gables.) Richards Florence Nightingale Appleton 1.25 (The life story of the greatest of army nurses.) Ritchie Primer of Sanitation World .60 .50 (Deals with the preventable diseases, and is told in a way that a child can comprehend.) Holt-Wheeler. . .Boy with the U. S. Survey Lothrop 1.50 1.15 (A boy's interesting experi- ence in the U. S. Survey ser- vice.) Wheelock Wagner's Operas Bobbs 1.25 .95 *Not carried in stock. $1.30 postpaid, Uni. Pub. Co. **Not carried in stock. $1.10 postpaid, Uni. Pub. Co. LIBRARY COMMISSION 115 PUBLIC LIBRARY COMMISSION. This act creates a public library commission, defines its duties, and establishes traveling libraries. The governor is to appoint one person for a term of five years who, with the state librarian, the superintendent of public instruction, the chancellor and the librarian of the University of Nebraska, shall constitute the commission. STATE BOARD OF CHARITIES AND CORRECTIONS. This act establishes a state board of charities and corrections and defines its duties and powers. The governor of the state, the commissioner of public lands and buildings, and the state superintendent of public instruction con- stitute the board. The board shall appoint four persons as advisory secre- taries to co-operate with and assist them, not more than two of whom shall belong to the same political party. It is the duty of the board to inquire into the whole system of public charities and the methods of and practices in the correctional institutions in the state and counties, and to ascertain the condition thereof from time to time by inspection or otherwise, especially of prisons, jails, infirmaries, public hospitals, asylums, reformatories and industrial schools, etc., etc. EDUCATION OF PAUPER CHILDREN. Sec. [9773].^That where children of school age and of sound mind shall be confined in any poor house of this state it shall be the duty of the county board, where the same can be done, to make arrangements with the officers of the school district wherein said poor house is located, or with some school district adjacent, to have the children so chargeable to the county attend school at such time and place, and to have and receive such text-books and instruction as shall be provided for other children ^attending in said school district or districts. Sec. [9774]. — Tuition. — It shall be the duty of the county board upon the report of the officers of the school district wherein arrangements have been made for the education of the children confined in the poor house, to draw a warrant on the general fund of the county, payable to the treasurer of the said school district; Provided, however, The county shall not be liable for more than its proportionate share of the expenses for text-books, fuel, and teachers' wages. FISH AND GAME COMMISSION. This is an act to protect fish, and game, song, insectivorous and other birds within the state of Nebraska; to provide penalties for the violation thereof; and to create a fish and game commission, and to define its powers and duties. 116 NEBRASKA SCHOOL LAWS FIRE DAY AND ITS OBSERVANCE. Section 1. — That for the purpose of creating a public sentiment, and in order that the people of this state shall have called to their attention the great damage caused, both to life and property, by fire, there is hereby set apart and established the first Friday in November which shall be designated and known as "State Fire Day." This day shall be observed by the public, private and parochial schools of the state with exercises appropriate to the subject and the day. Sec. 2. — That for the purpose of instruction in fire dangers, and in methods of fire prevention, it shall be the duty of the Chief Deputy Fire Com- missioner and of the State Superintendent of Public Instruction to prepare a book conveniently arranged in chapters, or lessons, such chapters or lessons to be in number sufficient to provide a different chapter or lesson for each month of the maximum school year. The expense for publishing the books of instruction, or other literature on the subject of fire dangers, shall be paid out of the special fund for the maintenance of the fire commissioner's office, and said books of instruction shall be distributed by the state superintendent of public instruction, in quantities sufficient to provide a copy for each teacher. And every teacher or instructor in every public, private or parochial school shall devote not less than thirty minutes in each school month, to instruction of pupils in the subject of fire dangers, and in the methods of fire prevention. Sec. 3. — It shall be the duty of the members of school boards, school directors, trustees, or other body of persons having control of the schools of any city, village or district, to cause a copy of this act to be printed in the manual or handbook prepared for the guidance of teachers, where such manual is in use or may hereafter come in use. STATE HOLIDAYS AND OTHER DAYS RECOMMENDED FOR "FLAG DAY" OBSERVANCE. The following days, viz: 1. The first day of January, known as New Year's Day; 2. The twenty-second day of February, known as Washington's birth- day; 3. The twenty-second day of April, known as "Arbor Day"; 4. The thirtieth day of May, known as Decoration or Memorial Day; 5. The fourth day of July, known as Independence Day; 6. The first Monday in September, known as Labor Day; 7. The twelfth day of October, known as "Columbus Day"; 8. The twenty-fifth day of December, known as Christmas Day; 9. Any day appointed and recommended by the governor of this state or the president of the United States as a day of fast or thanksgiving ; and 10. Any day which may hereafter be made a legal holiday, shall for the purposes of this act, be holidays; but if said days herein be the first day of the week known as Sunday the next succeeding secular or business day shall be a holiday. 11. The state superintendent of public instruction also recommends the following days as "Flag Days": February 12, Lincoln's birthday; March 1, CHILD LABOR LAW 117 Nebraska's admission to the Union as a State; April 15, Death of Lincoln (half mast) ; April 19, Inauguration of the first president of the United States; October 19, Surrender of Cornwallis; and December 20, the landing of the Pilgrims. As far as practicable we trust the above named^days will be observed in the respective schools of the state by appropriate exercises and instruction of a character especially suitable for the respective occasions. See the decisions following Section 11, Subdiv. 4, with reference to closing schools on holidays. CHILD LABOR LAW. AN ACT to regulate the employment arid use of child labor, to provide for the enforcement of its provisions, and a penalty for its violation. (Sections 2 to 13 omitted.) Section. 1 — No child under fourteen years of age shall be employed, per- mitted or suffered to work in, or in connection with, any theatre, concert hall, or place of amusement, or any place where intoxicating liquors are sold, or in any merchantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or work- shop, or as a messenger or driver therefor, within this state. It shall be unlaw- ful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever during the hours when the public schools of the town, township, village or city in which the child resides are in session. PENALTY FOR MANUFACTURING, SELLING OR GIVING AWAY CIGARETTES OR CIGARETTE PAPER. Section 1. — That it shall be unlawful on and after the date this act shall go into effect to manufactore, sell, give away, or willingly allow to be taken, any cigarettes or the material for their composition known as cigarette paper within the state of Nebraska. Sec. '2. — That any person, firm, association, or corporation in this state, violating the provisions of this act, he or they shall be guilty of a misdemeanor and shall upon conviction thereof be fined for each and every such offense, a sum not less than fifty ($50) dollars nor more than one hundred ($100) dollars at the discretion of the court, together with costs of prosecution. gec 3, — Any officer, director or manager having in charge or control either separately or jointly with others the business of any corporation which corporation violates the provisions of this act if he have knowledge of the same, shall be guilty and subject to the penalty herein provided. PENALTY FOR USE OF TOBACCO BY MINORS. Section 1.— That hereafter it shall be unlawful in the State of Nebraska for any minor under the age of eighteen years to smoke cigarettes, cigars or use tobacco in any form whatsoever. Sec. 2.— Any minor under the age of eighteen years violating any of the provisions of the foregoing section, shall, upon conviction, be fined in 118 NEBRASKA SCHOOL LAWS any sum not exceeding ten dollars and stand committed until the fine and costs of prosecution are paid. Sec. 3. — Provided that any minor so charged with the violation of this act may be free from prosecution when he shall have furnished evidence for the conviction of the person or persons selling or giving him the cigarettes, cigars, or tobacco. REGULATIONS FOR THE QUARANTINE, CARE AND DISINFEC- TION OF CONTAGIOUS DISEASES. (Excerpts From Rules Adopted by the Nebraska State Board of Health.) Contagious diseases. — It shall be the duty of every physician residing or practising within the limits of any city, town or township who suspects an illness to be Asiatic cholera, yellow fever, smallpox (or varioloid), diphtheria (membranous croup), scarlet fever (scarlet rash or scarlatina), measles, typhus fever, ophthalmia neonatorum, typhoid fever, cerebro spinal menin- gitis, leprosy, whooping cough, chichenpox, tuberculosis, puerperal fever, or any other disease contagious or dangerous to public health, to immediately isolate the patient, and within twenty-four hours after he ascertains the illness to be of such disease named herein, he shall notify, by the most expe- dient method, the local board of health, of all the facts known to him, such notice to be followed by the filing of a notice in writing with the local board of health, giving the name of the patient, location, disease, source or cause. In all cases where no physician is in attendance, it shall be the duty of any person, having charge of, or being the head of any family, or having the care or custody of any lodging-rooms, to give notice in like manner as is required of physicians. Every school teacher or school officer who discovers, suspects, or has knowledge of a case of any of the diseases named herein shall immediately report the same to the local board of health; providing, in all the above where such local board of health is not organized, then such report shall be made to the state board of health in the manner hereinbefore prescribed. Duty of local board of health. — It shall be the duty of the local board of health, upon receipt of a notice of the existence of a case of any of the dis- eases named in Rule 1, to forthwith quarantine the premises, by giving per- sonal or written notice of such quarantine to the occupants thereof and con- spicuously placing a Danger Card thereon; and take such further measures as may be necessary and proper for the restriction snd suppression of the disease; proper provision shall also be made for the care of the sick. No quarantine shall be established where the disease is measles, whoop- ing cough or chickenpox, but the premises shall be placarded with a danger card, and in cases of tuberculosis, typhoid fever, ophthalmia neonatorum, or puerperal fever the premises shall be neither quarantined nor placarded. The board shall notify the schools to receive no pupil from such placarded houses without a written permit from them, and when deemed necessary to obtain control and -prevent further spread of an epidemic of contagious disease, as when several families in one neighborhood are afflicted and many REGULATIONS FOR QUARANTINE 119 exposures are known to have occurred, they shall prohibit all public assemblies such as lodges, clubs, churches, and schools, both public and private for a reasonable length of time or until such danger is passed. The board shall further establish a hospital for the segregation and care of contagious dis- eases when in their opinion the safety of the public demands it; or in cases of great emergency the board shall seize and use as such temporary hospital, any isolated building suitable for such occupancy, and adjust, or cause to be adjusted, reasonable damages with the owner thereof later; and it shall be the further duty of the local board of health to disinfect, or cause to be disin- fected, the premises whereon all such contagious diseases have occurred together with all infected furniture, bedding, clothing and other articles according to the rules of the state board of health of the state of Nebraska, governing such disinfection. It shall also be the duty of the local board of health to investigate the causes, conditions and surroundings that may have caused such disease and during the prevalence of any such disease they shall make adequate report to the state board of health from time to time as to conditions, number of cases, and nature of such disease or diseases, and they shall call at any time for advice and assistance from the state board of health. During the existence of any quarantinable disease, in any family or household, or place, in any city, town, or township, and until after the re- covery of the sick and the disinfection of the premises where such disease shall have existed, no person residing in. such household, family or place, shall be permitted to enter or leave the premises without a permit in writing from the local board of health showing a thorough disinfection of the person, cloth- ing and premises. School teachers who are boarding in a family in which such disease exists, must at once change their place of board and lodging and disinfect their person and clothing. Where the disease is chickenpox, measles or whooping cough the children shall be excluded from the public schools and other gatherings until recovery has taken place and the premises disinfected. If any person shall wilfully or maliciously remove or deface or cause to be removed or defaced any danger card upon any quarantined premises, or shall in any manner interfere with or break an established quarantine by en- tering or leaving such quarantined premises, or remove any article, clothing, or any other material, liable to be infected, without a permit from the local board of health, and proper disinfection, shall be subject to prosecution and fine as provided by the statutes of the state of Nebraska in such cases made and provided. Disinfection of schools. — The state board of health makes it a rule and regulation that all school directors, trustees, principals and presidents of schools and colleges outside of cities in this state, for the protection of the health of all pupils and students, and of the entire community as well, pay prompt and regular attention to the disinfection of buildings used for educa- tional purposes immediately after the discovery of any communicable disease within said building. Each room should be disinfected separately. The room should be pre- pared by closing up all openings, such as windows, ventilators, registers, 120 NEBRASKA SCHOOL LAWS stove pipe holes and chimney places and hermetically sealing all cracks and crevices, as those around windows and doors and all keyholes. In short the room should be made as air tight as possible. All desks, drawers and closets should be opened wide and all articles exposed. Books must be stood up on end and widely opened. Rugs, mats and articles of clothing, if any, must be hund up on cords. The disinfecting may be accomplished by spraying with Liquor Formal- dehyde, U. S. P. or Formalin. Formaldehyde gas, however, is probably the best known aerial disin- fectant, and one of the most effective and economical methods of generating it is as follows: Ten ounces, by weight, of commercial potassium permanganate is re- quired for each pint and a half of the solution, full strength. This is sufficient to disinfect 1,000 cubic feet of air space. In using formaldehyde gas for room disinfection it should be remembered that the room should always be both warm and moist. The latter may be accomplished by sprinkling the floors well or by suspending wet sheets about the room. The following is the method: The crystals of permanganate of potassium are to be placed in a tin, agate or iron pail, the capacity of which is more than eight times the quantity of disinfectant to be used. This is necessary in order to prevent overflow from effervescence. Place the pail containing the crystals at the center of the room in a large pan with two blocks or bricks placed under the pail, as considerable heat will be developed. The room having been properly sealed with strips of rubber adhesive, plaster or of gummed paper, quickly pour the solution of formaldehyde out of a wide mouthed vessel upon the crystals and leave the room with all possible speed. Then carefully seal up the door of exit on the outside; including the keyholes and crevises about the lock and door knob, and allow the room to remain closed at least six hours. Then open all doors and windows, to admit both fresh air and sunlight, and allow free ventilation to continue for six hours. At the same time privy vaults should be disinfected by throwing into them milk of lime made by adding one part of freshly slaked lime to four times its volume of water. This should be used as soon as made. For each pupil in attendance a half gallon of this mixture should be allowed. This preparation should not, however, be introduced into water closets, as it may obstruct the pipes. For this purpose a 5 per cent solution. of carbolic acid or a 3 per cent solution of liquor formaldehyde U. S. P. or formalin may be used. Careful attention should be given to the scrubbing and disinfection of coat closets. Clothes closets, desks, etc., except those made of metal, should be washed with a cloth wrung out of a posionous solution made by one-quarter of an ounce (120 grains) of corrosive sublimate bichloride of mercury in one gallon of hot water (1-500-|--). Metal fixtures may be treated in a similar manner, using a solution made by adding four (4) ounces of pure carbolic acid to a gallon of hot water (1-30— |— ) REGULATIONS FOR QUARANTINE 121 The balustrade of stairways and all knobs of doors should be wiped off daily with a cloth moistened with the formaldehyde or carbolic solution. In case of smallpox, vaccination and re-vaccination of the entire school should be performed at once. Only vaccine virus known to be active should be used in such an emergency. During the disinfection of school buildings the books should be strung on cords or stood on end with the leaves widely separated in a cloak room or closet where they will be subject to the vapor of concentrated formaldehyde gas. . During the prevalence of communicable diseases pupils should not be permitted to take school books to their homes. Books known to have been taken to infected houses should be destroyed by burning. INDEX. Accounts — pa City districts, audited by secretary go County superintendent, file and sworn statement 67, 80 Director, audited by moderator and treasurer '45 Aid to weak districts 36 Annual meetings 29 Appeal — From appraisal of schoolhouse site 37 Appointments — County superintendent, by county board 57 District officers, by county superintendent 39, 54 To fill vacancies 39, 54 Apportionment of state school funds — Basis of 82 Constitutional provisions for jg County superintendent, apportionment by 82 County superintendent, record of 82 District treasurer, certificate of 82 Forfeiture 18, 82 Fractional districts, amount received by 82 Length of term required in order to share 35 New districts, when share 82 State auditor, warrant drawn by 82 State superintendent, certificate of 82 State treasurer, exhibit of school funds 81 Appraisal — Site for schoolhouse, condemned 86, 87 Arbitration — Division of district property 26, 27 Attendance — At nearer school 50 Compulsory 107 Auditor public accounts — Draw warrant for the state apportionment 82 May examine records of state superintendent 68 Register district bonds 102 Certificate of registration 102 Detach coupons from bonds 107 Require statement of funds from county treasurers 81 Bible reading in public schools 19 124 NEBRASKA SCHOOL LAWS Blanks — County superintendent to receive and distribute 67 State superintendent to prescribe and publish 68 Board, district — see also officers, district — Appoint to fill vacancies 41, 54 Care of schoolhouse and property 48, 54 Classification of scholars 48 Constituted, how 48 Contract with teachers 43, 44, 45 Course of study . . 48, 49, 56 Director, clerk 43 Grade scholars 48, 56 High school district, trustees 56 Issue district bonds 101 Statement of proceedings 102 Meetings, how called, notice 48 Non-resident pupils, admitted by 49 Oath filed with county superintendent 35 Purchase, lease, or sale of district property 53 Quorum 48 Report school census 47 Report taxes voted 33, 48 Rules and regulations 48, 56 Suspend or expel pupils 52 Tuition determined by • 49 Vacancies, how filled 54, 55 Board of education — City school districts 94, 95 State normal schools 88 Board of educational lands and funds 17 Board of health, rules of 118 Bonds, district — Amount. . 101 City districts — Board must provide for the interest 100 Election 96 Purchase and redemption of bonds 100 Sinking fund 100 Compromise indebtedness — Negotiations 106 Petition 106 Record 106 County treasurer liable for taxes collected 104 Coupons detached by auditor 107 High school redemption bonds — Condition, description, issuance, payment 105 INDEX 125 History of proceedings 103 New bonds, description 105 Petition for submission 101 Purpose of issue 101 Rate of interest 102 Record of proceedings 106 Refunding bonds ... 1Q4 Registration 102 Certificate of auditor 102 Non-registry 103 School district defined 103 Taxation for payment 103 County treasurer liable for receipts 104 Excess, how used 103 Bonds, official — District treasurer 41 Secretary of board, city district 97 Treasurer of city district 97 Bonds, publishers 110, 111 Books, text — Contract with publishers for .. . 110 Form of 110 Violation of, penalty 112 Damage to 112 Library 112 Loaned to pupils 112 Local dealer may handle 112 Payment for Ill Price lists Ill Property of district 112 Pupils may borrow or purchase 112 Trusts, school book Ill Boundaries — See districts. Building fund — Expended under direction of district 34, 35 Special tax for voted at annual meeting 34 Maximum amount 34 Petition of one-fourth legal voters 34 Proceedings 34 Business Calendar 11 Calendar, business 11 Census, district — City districts 47, 98 Failure to take, liability 47 Oath of person taking . . 45 Taken by whom, when 45, 98 126 NEBRASKA SCHOOL LAWS Certificate, teacher' — see teacher — Challenge of voter at district meeting 31 Charities and corrections 115 Child labor 117 Cigarettes 117 Cities, schools in 94-101 Classification of scholars 48, 56 Colleges, universities — Authorized to grant teachers' certificates 70, 72 Commissioner of public lands and buildings — Give deed for site on school land 88 Commissioners, county — see county board — Common schools — Instruction free 18 Compulsory education 107-110 Condemnation of site for schoolhouse 86 Consolidation of school districts 21, 22, 23 Constitution of state on education 17 Contagious diseases 118 Contract — Not necessary to be in writing 44 Officers cannot have pecuniary interest in . . . . 55 Officer as teacher 39 Officer with district prohibited 55, 98 Publisher, text-book 110, 111 Teachers' 43, 44, 45 Conveyance, district property 37 Corporal punishment 52 Costs, appraisal of site 86 County boards — Appoint county superintendent, when 67 Appropriation for institute fund 80 Assess taxes on division of district property 25 Levy of taxes voted at annual meeting 33 Salary of county superintendent, determined by 65 County Clerk — Change in district boundaries 22 Levy taxes 48 Notice of election of county superintendent 65 Transfer taxes 50 County high schools 63-65 County superintendent — Accounts, statement of 66, 80 Appoint appraisers of site 86 INDEX 127 Appoint district officers 39 54 Appointment of to fill vacancy ' 67 Apportionment of state school funds — Certificate of gl §2 Record of g2 Bond 27 Certify disticts entitled to state aid 36, 37 Change district boundaries on petition 21, 22, 23 Compensation awarded by county court 29 Conduct institute 79 Districts created and boundaries changed 21-23 Action discretionary 21, 22 Action obligatory 23 Notice to taxable inhabitant 24 Petitions filed 24 Property, divisions 25, 26 Record 25 Report ' 27 Duty to attend institute 79 Election ' 65 Examination of teachers 76, 77 Furnish records and supplies. 66 Lectures 66 Mandamus, application for 40 Notices- Arbitration, division district property 25, 26 To director when report is due 67 Transfer of pupils to adjoining district 50, 51 Oaths administered by 47 Petitions filed 21 Prepare examination questions 76 Reports — Change in district boundaries 27 Dismembered districts 28, 29 To county treasurer on high school tax 59 To state superintendent 67 To superintendent blind and deaf institute 67 Salary, determined by county board 65 Site of schoolhouse determined by 32 Statement of account 66, 80 Term of office 65 Transfer of pupils to adjoining district 50 Vacancy in office, how filled 67 Visit schools 66 County treasurer — Adjust tax list 27 128 NEBRASKA SCHOOL LAWS Change in district boundaries 27 Collect and pay over district taxes 48 No fee allowed on state apportionment 83 Course of study — High school district 56 Primary district 48 Deeds — District property — Moderator sign and acknowledge 37 Record 37 Site on school land 88 Deputy state superintendent, duties, salary 69 Diplomas — Normal 72 Nebraska state normal schools '. . 88 Directors — see officers, district — Disinfection — see quarantine — Districts — Annual meeting 22 Body corporate 21, 94 Change in boundaries 21 Debts 29 Defined 21 Dismembered 28 Extent of 24 Formation and division — boundaries — Arbitration 27 Attachment to adjoining district 24 Changes on account of streams 24 County divided into districts 21 Discontinuance of district 23 Discretion of county superintendent. 21 New district, when formed 24 Notices 24 Two districts made from one 23 Unsatisfactory 27 High school, organization 55 Indebtedness, compromise bonds 106 Joint districts 28 State apportionment to 82 Organization 24, 39, 55 Property division 25 Represented in litigation by treasurer 42 Unbonded indebtedness. . . 27 INDEX 129 District board — see board, district — District officers — see officers, district — Elections — County superintendent 65 Notice of .by county clerk. 65 District officers 38, 55, 90 To vote district bonds 101 Embezzlement of district funds 83 Examination of teachers — see teacher — Expenditures, estimates of 46, 56 Fees — Examinations, teachers 78 Matriculation, state normal school 90 Registration, certificate, diploma 89 Fines 18, 82 Fire Day 116 Fish and Game commission 115 Free high school tuition — High school defined 56 Money, how paid 58 Neglect of annual meeting to vote tax — Action of district board 59 Neglect or refusal of district board to deliver estimate — Action of county superintendent 59 No levy, when 60 Rate of, exemption 57 Requirements for securing — Application of parent Board report to county superintendent and clerk 59 Estimate of county superintendent 58 Tax levy, provision for 59 Rules for admission 56 Free text books — see books — Funds, district — Appropriation Building Disbursements ..40,41,45 P'ree high school, how paid. . 58 Library 112 Misuse of, embezzlement Payment to unqualified teacher prohibited. . . .43, 54 School ..81, 86 Teachers 26 130 NEBRASKA SCHOOL LAWS Teachers'— Division of on creation of district 26 Transfer of money 35 Turned over by treasurer to successor 42 Funds, institute 78, 80 Funds, normal school *. 90 Governor may examine records of state superintendent 68 High school, county 63-65 High school districts 55-65 High school education, free 56-60 High school normal training — see normal training — High school redemption bonds 105 High school, rural 60-62 Holidays, legal in Nebraska 45, 116 Indebtedness, district — Bonded, remains a charge on original district 26 Compromise bonds 106 Unbonded, considered in division of property 27 Institutes, teachers' — County 79 Failure to attend, penalty 80 Funds — Disbursements 80 Fees, examination 80 Statement of county superintendent 80 Schools closed during 80 Time of holding 79 Instruction in neighboring districts 52 Instruction free in common schools 18 Interest — District bonds 102 District orders or warrants 83 Joint districts — Apportionment to 82 Formation of 28 Reports 28 Junior normal schools 91 Libraries, school 112 Recommended list 113 Library commission 115 INDEX 131 Licenses 18, 81 Life certificates , 74 Mandamus 40 Matriculation fees, state normal schools 90 Meetings, district — Annual meeting, time, place 29 Determine amount of expenditures 33 Determine length of school term 35 Director, clerk of 43 Election of officers 38 Minutes read, corrected and approved 46 Site for schoolhouse designated, changed 32 Taxes voted — Building fund 34 Maximum 33 Disturbance, arrest : 40 ' High school districts 55 Lease of house or site, authorize 32 Moderator presides 40 Notice of 29 President pro tern 40 Purchase house or site, authorize 32 Sale of district property, authorize 37 Special meetings — Call of 29 Notice, contents 30 Transfer of funds 35 Voters- Challenge 31, 32 Oath 31 Penalty for perjury 32 Qualifications 30 Rejection of vote 32 Moderator — see officers — Money 54 Division of 26 Teachers' fund 26 Month, school 71 Norcotics and stimulants 71 Non-resident pupils 49, 56 Normal institutes. . 68 132 NEBRASKA SCHOOL LAWS Normal schools, state 88-92 Normal training in high schools — Amount of state aid 93 Inspection, expenses of 93 Payment, how made — Secretary of board, report of 94 State superintendent, certificate of 94 Warrant, drawn by auditor 94 Warrant, remitted by treasurer 94 Purpose 92 Requirements governing approval 92 Schools, designated by state superintendent 92 Notices — Director of district meetings 46 County superintendent to director 50 County superintendent to county clerk 50 County superintendent to districts. .• 27 County superintendent to taxable inhabitant 24 Parent to county superintendent 50, 58 Oath, official — Board members in city districts 96 Director, oath not required 38 Oaths— As to destruction of schoolhouse or epidemic 36 County superintendent may administer 47 Moderator may administer 40 Parent or guardian to census enumerator 109 Person taking census 45, 47 Report of director 47 State aid to school districts, county superintendent 36 Voter at district meeting 31 Officers, district — Acceptance of office 38 Appointment by board 54 Appointment by county superintendent 39, 54, 55 Contract with district prohibited 55 De facto, acts binding 39 Director — Acceptance of office 38 Account of expenses, audited . 45 Appear for district, when 42 Approval of teachers' reports 71 Cannot delegate authority 44 INDEX 133 Census taken by 45 47 Clerk of board 43 Contract with teacher 43 Demand, with moderator, for new treasurer bond 42 Draw orders and warrants 46 Estimate of expenditures 46 Make complaint, non-attendance of pupils 108 Notice of district meetings 46 Notice of school 43 Preserve books and papers 43 Record proceedings 25, 43 Repairs 45 Report to county superintendent 47 Statement of assessed valuation 47 Statement of orders drawn 46 Election at annual meeting 38, 55 Election at special meeting 54 Moderator — Acceptance of office 38 Administer oath to director and treasurer 40 Approve bond of treasurer 41 Contract with teacher. 43 Demand, with director, new treasurer bond 42 Orders, countersign 40, 41, 46 Refusal, mandamus 40 Preside at district meetings 40 Record of orders and warrants 46 Remove or arrest disorderly person 40, 41 Payment for services 46 Teacher, be employed when. . ., 39 Term of office 38, 55 Treasurer — Acceptance of office 38 Appear for district in suits 42 Bond- Approved by director and moderator 41 City districts.* 99 Failure of sureties 42 File with director 41 Liability of principal, sureties New bond 42 Contract with teacher 43 Election to fill vacancy Hold over, when Misuse of funds, embezzlement Payment of orders 41 134 NEBRASKA SCHOOL LAWS Receipt of moneys from county treasurer 41 Record of receipts and expenditures 42 Register unpaid warrants 84 Failure to register, penalty 85 Report to annual meeting 42 Turn over to successor records and funds 42 Warrants, notify holders of 85 Failure to notify, penalty 85 Vacancies, how filled 54 Orders, district- Countersigned by moderator 40, 41, 46 Drawn by director 40, 41, 46 Endorsement 84 Interest, payable when 83 Record kept by moderator 46 Registration 84 Statement of 46 Outhouses 53 Pauper children, education of 115 Penalties — District treasurer for misuse of school funds 83 District treasurer, failure to register or pay warrant 85 False statement to census enumerator 110 Illegal voting 32 Sell or give away cigarettes or cigarette paper 117 Petitions — To vote tax for special building fund 34 To create district or change boundaries 21, 22, 23, 24 To allow officer to act as teacher 39 To issue compromise bonds 106 Physiology and hygiene — Provisions for teaching 71 Teachers pass examination in 71 Price lists, text-books Ill Professional certificates — see teacher — Property, district — Care and custody of 54 Division of on formation of district 25 Distribution of income 18 Granted for educational purposes 17 Lease of 53 Purchase of 53 Sale of 25, 53, 106 Taxable, statement of 48 INDEX 135 Public library commission 115 Pupils — Age 18,45, 50 Attendance at nearer school 50 Census 45, 47, 98, 109 Compulsory attendance of 107 Control of 52 Expulsion or suspension 52 Grading 48, 56 Instruction in neighboring district 52 Non-resident tuition 49, 50 Normal schools, admission to 89 Purchase books of board 112 Transportation 52 Quarantine 118 Quorum — Board of education, city districts 97 District board 48 Records — Director 25, 43 Moderator 46 Secretary in city districts 97 Reform school 19 Refunding bonds — see bonds — Repairs 45 Reports — County superintendent 27, 67 Director 47 Joint districts 28 State superintendent 68 Teacher 71 Rules and regulations — City districts 96 District board 54 High school board 61 Normal schools 96 State superintendent 67 Rural high schools 60, 63 Scholars — see pupils — School district — see districts — School funds .' 17, 81-87 Schoolhouse — Care and custody of 54 Lease, purchase, sale 26, 32, 53 136 NEBRASKA SCHOOL LAWS Site- Condemnation, appraisal, damages 86 Designated and changed 32 School lands, deed by land commissioner 88 Title to 53 Vote tax to create special fund 34 School laws, printing and distribution 68 School month 71 School year, beginning of 29 Scientific temperance instruction 71 Sectarian instruction prohibited , 19 Site — see schoolhouse — site. Special meetings 29 State aid to weak school districts — Appropriation for 35 Amount due districts, how determined 37 Certificate of county superintendent 36 Certificate of state superintendent , 36 Requirements necessary to secure — Accounts audited and approved 36 District must levy maximum school tax 36 Limitations as to area of districts 36 Warrant drawn by auditor 36 State normal schools ; 88, 91 State superintendent — Apportionment of school funds 69 Countersign certificates 70-72 Decide disputed points in school law 68 Deputy, duties, salary 69 Examination, teachers' 71 Member normal school board 88 Normal diplomas, endorsement 70 Office open to inspection 68 Price list of books, print and distribute Ill Report to governor 69 Rules and instructions *. . . . 67 School laws, print and distribute 68 Visit schools 68 State treasurer — Exhibit of school funds 81 Member of board educational lands and funds 17 Member of normal school board '. . . 88 Suits at law — District meeting direct 37 Treasurer appear for district 42 INDEX 137 Supplies 45 Paid out of county general funds . . 66 Taxes — Bonds, district, payment of 104 City districts 99 District 29 Estimate of 46, 56 Free high school 56 Levy .33, 48, 57, 58 Lists, adjusted by county treasurer. . 27 Maximum levy for school purposes 33 Paid to district treasurer on order 48 Transfer by county clerk 50 Voted at annual meeting — Building fund 34 Free high school tuition 58 Maximum levy 33 Teacher — Certificates — City districts 74, 98 College and normal graduates 70, 72 County — Branches required 75 Emergency 76 Examinations, how conducted 76 Fees 78 How issued 76 Renewal 77 Revocation 77 Where valid 77 Necessary to contract 43, 98 Normal school 89 Revocation 77 Professional state — Branches required 74 Lapse 73 Without examination 74 University graduate... 74 Qualifications 43, 70 Unqualified not paid district money 43, 54 Report to director monthly, approval 71 Term, school — Length determined by district meeting 35 Necessary to entitle district to apportionment 18, 35 138 NEBRASKA SCHOOL LAWS Text-books — see books — Transfer of funds 35 Transfer of pupils for school privileges 51 Transportation of pupils 52 Trusts, text-book Ill Tuition— Free high school, exemption 57 Non-resident pupils 49 Pauper children 115 University 18 Vacancies in office — Board, district 38, 39, 54 Board of education, city districts 96, 97 Board of education, state normal schools 88 County superintendent 67 Valuation of taxable property, statement 48 Voters- Challenge 31 Oath 31 Penalty 32 Penalty for perjury 31 Qualifications 30 Rejection of vote 32 Warrants — Duplicate for lost. 85 On county treasurer — Countersigned by moderator 40, 41, 46 Drawn by director 40, 41, 46 Record by moderator 46 On district treasurer — Countersigned by moderator 40, 41, 46 Drawn by director 40, 42, 46 Endorsement 84 Interest 83 Payment 83 .